You’ve probably heard about Kim Davis, an elected official in KY who has unilaterally claimed the extra right to decide which biblical injunctions people should follow, based on her interpretation of particular verses, and not others. Note that Kim Davis swore an oath to her god to uphold the Constitution, the same document that does not mention God. In other words, she is sinning when she breaks her oath.
As Noah Feldman puts it:
Whom you swear the oath by is different from what you swear to do. Officials in the U.S. definitively don’t swear to uphold God’s law. They swear to uphold the Constitution, which never mentions God at all. And they swear to uphold laws enacted under the Constitution — which means laws that are in compliance with the establishment clause that prohibits any established or official religion.
That’s the main reason the framers didn’t include God in the oath of office. It would’ve contradicted the proposition in the Constitution that said no religious test would ever be required to hold office under the Constitution.
But by saying she won’t issue the marriage licenses while serving in office, Davis is also, if I may humbly say so, committing a sin: violating an oath she made before God to uphold the Constitution and laws of the U.S. The Constitution requires her to issue licenses for gay couples. Every moment she disobeys the Constitution, she is violating her oath. The Bible doesn’t look kindly on oath-breaking. The only way for her to emerge from the state of sin is to resign.
(click here to continue reading What the Oath of Office Means to a Kentucky Clerk – Bloomberg View.)
and as Andy Ostroy writes in his open letter to Kim Davis:
You have no inalienable rights here under the United States Constitution. In fact, the Constitution protects the very people you are discriminating against, not you. The Supreme Court has affirmed that fact, despite your ignorance, intolerance and ill-advised protestations.
We have laws in America which we all must abide by. We can’t arbitrarily decide which laws to follow and which ones to ignore. That’s called chaos. Let me ask you this, Kim: in a country founded on the principle of separation of church and state and religious pluralism, would any of the following situations be acceptable to you?:
-can an Orthodox Jew refuse to issue marriage licenses to reform and conservative Jews because, according to his religious belief, these are not “real Jews?”
-can a radical Mormon insist on issuing licenses to polygamists?
-can a devout Catholic county clerk refuse to issue you a marriage license after your next (4th) divorce because he believes that marriage is sacred and considers you a sinner?
-can an Atheist refuse to issue licenses to Christians because her religious belief is that organized religion is the root of all evil?
These situations are as absurdly unconstitutional as your attempt to deny gays their legal right to marry because of your personal religious beliefs. The irony is, as a thrice divorced “traditional marriage” proponent, you have degraded this institution more than any gay couple likely ever will. No one’s stood in the way of your choice to marry four times. How dare you prevent others from marrying?
(click here to continue reading An Open Letter to Kim Davis | Andy Ostroy.)
Don’t Ask Me To Believe In Too Many Things
More troubling to me than Christian Taliban like Ms. Davis are the candidates for the GOP nomination who gnash their teeth at the US Constitution, and who would rather have their Evangelical Law supersede the American government. A variant of Sharia Law, but one that elevates right wing Christian precepts and theology above established jurisprudence. These radicals should lose their citizenship and be deported. Bomb throwers like Ted “Calgary” Cruz:
Today, judicial lawlessness crossed into judicial tyranny,” [Ted Cruz] said. “Today, for the first time ever, the government arrested a Christian woman for living according to her faith. . . . I stand with Kim Davis. Unequivocally.”
Tyranny? Our system of government gives the Supreme Court final say over constitutional matters, and, though Cruz doesn’t like it, the court ordered states to recognize same-sex marriages. In fact, the high court specifically declined to give relief to Davis, and the federal judge who ordered her jailed for contempt of court is a George W. Bush appointee and son of a former Republican senator.
Now Cruz, who took an oath of office to “support and defend the Constitution,” wants people to defy the Supreme Court’s authority? Who is the lawless one?
Cruz isn’t the only Republican candidate seeking the nation’s highest office while encouraging people to ignore its laws. Mike Huckabee, the former Arkansas governor, declared: “I thank God for Kim Davis, and I hope more Americans will stand with her.”
(click here to continue reading Lawbreaker Kim Davis and the lawless Ted Cruz – The Washington Post.)
These morons should be banned from running for president, at least under the auspices of a major party. Let them run as an independent on the Destroy the United States and All It Stands For Party. Hmm, maybe they already are…
These morons too:
Louisiana Gov. Bobby Jindal, too, supported Davis, and Sen. Rand Paul (Ky.) called her jailing “absurd” and said stands such as Davis’s are “an important part of the American way.” Wisconsin Gov. Scott Walker said that “you have the freedom to practice religious beliefs out there. It’s a fundamental right.”
Our system of government allows for freedom of speech, mostly, and freedom of religion, mostly, but if you are an official of the government, you have a clear obligation to support the system itself. You’ve taken an oath, remember?
Here is the oath Kim Davis took:
“I, ….., do swear that I will well and truly discharge the duties of the office of ………….. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God.”
and here is the Senator’s oath:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.
(click here to continue reading 5 Briefing on Oath of Office.)
Sounds to me like Senator Cruz and his craven pals are breaking this oath, and thus should be impeached themselves, and barred from running for public office in the future…