According to this article published on the Politistick, the now jailed Ms. Davis is a victim and political prisoner of the establishment after exercising her religious rights and refusing issue marriage licenses to same-sex couples in her capacity as a county clerk in Rowan County, Kentucky.
Davis has become a political prisoner for her refusal to violate her conscience or voluntarily forfeit her job and as a result, the Rowan County Clerk has been imprisoned while her subordinates have been ordered to issue the licenses without Davis’ signature. Davis’ attorney, however, assures that these licenses are “not worth the paper they’re written on. Our position and the position of the clerk of Rowan County is that those licenses are void.”
The article goes on to opine that our republic is now forever damaged:
While many might view the granting of licenses to homosexual couples as a victory, one must consider the cost. We now live in a country where the First Amendment protects the right of individuals to maintain their faith, but also in a country where that person can be thrown in jail if they exercise this faith.
I don’t view Ms. Davis as a martyr is because she is a record keeper for the county, not a legislator (and even if she were a legislator, her opinion on its own wouldn’t mean anything). She doesn’t make law, she is required to follow it. For whatever reason, however, she has decided that gay couples wishing to be married has some personal meaning to her, giving her the right to abuse the power of her office and not follow the law, selectively going rogue on the county’s citizenry. Just imagine the legal chaos she would create if she also declined to issue death certificates to suicides, deeds to madams, or register divorce decrees for the very same reason.
The ethical response to a flood of gay couples seeking marriage licenses over which she claims to be offended would be to pack her desk and resign rather than to usurp either judicial or legislative authority of the county, sacrificing rule of law to please herself. That’s not the way we fix what we view to be broken, committing a more serious sin than one claimed to be prevented.
Jail is where unabashedly unethical bureaucrats need to be. Truly, if she had not been jailed, then that would have been a tragedy of the republic.