Kim Davis, the Clerk of Rowan County, took an oath to faithfully execute the laws of the Commonwealth of Kentucky and the United States. After Anthony Kennedy ruled that gay marriage was the law of the land, Kim Davis stopped issuing marriage licenses to anyone.
I think she took an oath to faithfully execute the laws and she has broken that oath. She did so because she did not want to get accused of discrimination, so she stopped issuing all marriage licenses.
In reality and honestly, I’d have not had much of a problem if Kim Davis just did not issue marriage licenses to same sex couples. I know that would open her to discrimination charges and gets me accused of discrimination as well.
But, her argument is that the law of the land was marriage licenses for heterosexual couples only. I agree with her that just because Anthony Kennedy says so does not make something suddenly constitutional, though that is how it works these days.
By denying marriage licenses to everyone, heterosexuals included, Kim Davis has done the very thing she accuses Anthony Kennedy of — changing the law without the consent of the governed. Part of her legal job description is to provide marriage licenses. When she took the oath to fulfill the law, Kentucky had a constitutional provision denying marriage to same sex couples.
Had Kim Davis continued to comply with that law, I’d have far less problem that her, on her own, redefining her job duties to preclude her from giving any marriage licenses at all. The democratically elected legislature of Kentucky insists she give licenses to, at the very lease, heterosexual couples.