IS IT FINALLY TIME TO GET GOVERNMENT OUT OF THE MARRIAGE BUSINESS

If a service provider won’t accept your definition of marriage, you can take your money elsewhere

BeyondDC / Flickr

Americans everywhere learned this week just how hard it is to hold accountable an elected official who flagrantly violates the law.

Kim Davis, the duly elected clerk of Rowan County, Kentucky, has been held in contempt of court by a judge and sent to jail for continuing to refuse to issue marriage licenses to same-sex couples. Many onlookers, including Reason‘s Scott Shackford (who, needless to say, supports gay marriage), are discomfited by this. Not only does it seem needlessly heavy-handed to bring the carceral state to bear, but it has transformed Davis into a martyr in the eyes of many same-sex marriage opponents. (And if you doubt, as I did, the extent to which that’s true, take a look at this screed from Christian blogger Matt Walsh and be enlightened.)

Consider that the reason the federal judge in question felt compelled to have Davis jailed is that so few other remedies were available. Davis disobeyed two court orders and a (non-binding, apparently) command from the governor to hand out marriage licenses to all eligible couples. She explicitly refused to carry out one of the key functions of her job. But elected officeholders are not employees and cannot, therefore, be fired. Kentucky makes no provision for a recall election, so the people would have to wait until her term expired to punish her at the ballot box, and no other official has the authority to remove her from office, even for breaking the law. Impeachment proceedings, while theoretically possible, turn out to be vanishingly rare in that state and, in any case, do nothing to resolve the issue in the short term.

Written by STEPHANIE SLADE- REASON.COM
Full report at REASON.COM

One thought on “IS IT FINALLY TIME TO GET GOVERNMENT OUT OF THE MARRIAGE BUSINESS

  1. Reblogged this on Brittius and commented:
    Not so fast. Government, entered into marriage contract to register partnership of man and woman, as a means to protect children born of the union and to protect women where issues of divorce are concerned. What is any church going to do, pray the husband pays alimony and child support? A deputy sheriff knocking on the door with a warrant, works wonders.
    County Clerks, are a Public Trust position, and performance of duties are to be done without personal regard or interference. Just do the job. Gay marriage is not worth the trouble, as the US Congress FAILED to step up to the plate and straighten out the mess.

Leave a Reply