Let us start here:
Importantly, Davis is not claiming a substantial burden on her religious freedom or free speech rights if someone else authorizes and approves a SSM license devoid of her name.
(Mihet and Christman [Liberty Counsel], 28 August 2015; accents per source)
Follow the bouncing ball:
“The stay request offers several options such as removing Davis’s name from the marriage license, thus removing the personal nature of the authorization,” Staver pointed out. “Another accommodation would be to allow licenses to be issued by the chief executive of Rowan County or developing a statewide, online marriage license process,” Staver suggested. “There is absolutely no reason that this case has gone so far without reasonable people respecting and accommodating Kim Davis’s First Amendment rights,” Staver concluded.
(Liberty Counsel, 31 August 2015; boldface accent added)
And then came Friday:
Mathew Staver, founder of Liberty Counsel which represents Davis, said he believes Friday’s licenses are invalid because they were not issued with her approval. Davis’ name does not appear on the licenses.
“They are not worth the paper they are printed on,” Staver said, standing in front of the Grayson, Kentucky, detention center where Davis is being held. He added she had no intention of resigning as clerk.
(Bittenbender; boldface accent added)
Would any among Ms. Davis’ defenders care to attempt reconciling, or at least merely explaining that sleight? This much is true: We don’t expect Mr. Staver, nor his colleagues, Messrs. Christman and Himet, to do so. Indeed, we might wonder if they would find demands for such an explanation offensive to their religious freedom.
To be clear, because some need it so expressed:
• If Kim Davis’ name was not on the marriage licenses, then the “personal nature of the authorization” would be removed. (Liberty Counsel, 28-31 August)
• If the licenses were issued without Ms. Davis’ name on them, then they are “not worth the paper they are printed on” because Ms. Davis has not given authorization of a personal nature.
In the end, Mark Joseph Stern’s question of whether Kim Davis is “getting taken for a ride by her lawyers”, as the headline put it, asserts itself more insistently.
More and more, it’s beginning to look like the Liberty Counsel is taking Davis for a ride, using her doomed case to promote itself and its extremist principles. Davis has certainly humiliated and degraded the gay couples whom she turned away. But I wonder if, on some level, she isn’t a victim, too.
(Boldface accent added)
I mean, really.
This is a sick joke playing out before our eyes.
Image note: Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. (Photo: Ty Wright/Getty Images)
(Tip o’ the hat I don’t actually wear: JoeMyGod)
Mihet, Horatio G. and Jonathan D. Christman. “Emergency Application to Stay Preliminary Injunction Pending Appeal”. Davis v. Miller et al. Supreme Court of the United States. 28 August 2015.
Liberty Counsel. “Accommodations Would End Rowan County Dispute”. Press Release. 31 August 2015.
Bittenbender, Steve. “Kentucky clerk’s office ends ban on same-sex marriage licenses”. Reuters. 4 September 2015.
Stern, Mark Joseph. “Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?”. Slate. 31 August 2015.