Bob Sparks
Most anyone remotely paying attention to current affairs recognizes the name of Kim Davis. Some would relish picking her out of a police lineup.
For those avoiding news consumption, Davis is the county clerk of Rowan County, Ky. Davis, a Democrat, was elected in 2014, defeating Republican John Cox with 53 percent of the vote. She succeeded her mother, Jean Bailey, as clerk.
On January 5, Davis took the oath of office. That oath included the words “faithfully execute the duties of my office without favor, affection, or partiality, so help me God.”
Few outside of Rowan County would have ever heard of Kim Davis had she not decided to flout the recent U.S. Supreme Court ruling that provided same-sex couples with the right to marry. Her refusal to follow that oath by denying marriage licenses led U.S. District Judge David L. Bunning to lock her up for contempt.
Some, but by no means all, of the conservative movement rushed to her defense. Republican presidential candidates Mike Huckabee and Ted Cruz were among them. Her release this week while Survivor’s “Eye of the Tiger” blared and Huckabee raised arms with her like knockout winners, was a sight to behold.
Guys like Huckabee and Cruz are prominent voices of the conservative movement within the Republican Party. But here is what bothers conservatives not rushing to hail Davis as a martyr.
Republicans have often cast themselves as the “law and order” party. The rule and the letter of the law matter.
We know there is strong disagreement on the conservative side with the Supreme Court’s ruling in Obergefell v. Hodges, the same-sex marriage case. Yes, we hear the argument that the Supreme Court is an equal branch of government, not nine dictators.
Cruz condoned Davis’s actions by comparing them with extra-constitutional steps taken by President Obama via executive orders and Hillary Clinton’s handling of her official emails. Other conservatives share those frustrations, but the FBI is investigating “Servergate” and the House’s suit against one of the president’s actions is going forward.
Davis, Cruz, Huckabee and others seem to be taking National Lampoon’s “Deteriorata” seriously. One of the satire’s instructions says, “Consider that two wrongs never make a right, but three do.”
Like it or not, same-sex marriage is a constitutional right because 56 percent of the U.S. Supreme Court said so. Liberals and Democrats can relate; the same percentage stopped the 2000 recount making George W. Bush the 43rd president.
That is our system as set up by the founders. Taking an oath means those with their right hands in the air will follow the law. Those wishing to pick and choose which laws to follow might start modeling the latest in jailhouse fashion.
Kim Davis could have taken a path that even a few liberals could respect. If principle is the guiding motive behind not wanting to issue marriage licenses, the proper action was simple.
Resign.
If your job requires you to do something forbidden by your religion or beliefs, then don’t do it. Resignation on principle engenders at least some degree of respect. Resign and write a book, or start a reality television show, or go on the lecture circuit, whatever.
Capitalism provides these and other opportunities. Davis is perfectly free to privately abhor same-sex marriages, but standing for election and taking an oath does not permit dissing the Supreme Court.
While marriage vows include the promise to God to stay together “for as long as you both shall live,” the new conservative heroine has come up short on that oath, too. She is on now on her fourth marriage, including the second one to Joe Davis.
Reports say Davis is unhappy with same-sex marriage licenses going out under her name, no matter which deputy clerk handles the paperwork. Keeping that to herself would be wise. Word of further interference will reach the chambers of Judge Bunning.
Bunning stipulated Davis’s release hinged on her not interfering “in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”
Most of us law-and-order conservatives do not wish to see Davis in jail. It is solely within her power to avoid that.
Follow the law or resign.
Bob Sparks is a business and political consultant based in Tallahassee.
