Does a civil servant’s “religious freedom” trump the duty to follow the law?

Controversial Kentucky Clerk Kim Davis has made headlines after she was incarcerated (and later released) for refusing to follow a court order requiring her to issue marriage licenses to gay and lesbian couples.   Ultra-conservative presidential candidates Mike Huckabee and Ted Cruz have lined up in support of Davis, arguing that her right to religious freedom (i.e., her Christian belief that marriage should be between a man and a woman only) trumps any requirement under Kentucky and Federal law that she issue licenses to those entitled to one under the law.   This New York Times op-ed piece highlights several opinions against Davis’ position as well as those in support of the purported “religious freedom” Davis argues she is entitled to.

 

 

 

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