Another Obvious Question (House Divided Hot Mess Mix)

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.

The Point: Supremacy ≠ Equality

Yesterday, Brian Beutler laid out a case for why Kim Davis should face jail for contempt of court; the article for The New Republic recalled:

What was rendered as a call for pluralism, though, was really a counterbid to keep the old formula: when disputes arise between same-sex couples and religious people like ourselves, the state should side with us.

Today, Ms. Davis, the Clerk of Rowan County, Kentucky, was ordered to jail by U.S. District Court Judge David Bunning; Steve Benen reminds, for msnbc:

Just so news consumers are clear, if you hear that Davis was jailed for her opposition to marriage equality, this is incorrect. She was taken into custody because she deliberately, brazenly ignored a court order. Davis was bound, not only to perform her official duties, but also to follow the law. She refused and is now in contempt of court.

This is important. But what neither Beutler nor Benen ever quite cut to―indeed, the larger discourse seems to avoid―is the basic functional reality. And perhaps there is a reason for this, but it comes down to something like we shouldn’t have to spell it out so simply, which is clearly insufficient since this really is the moment, and really is the argument.

Equality is equality. Functionally speaking, what Ms. Davis demands is that her “equality” requires her “superiority” and others’ “inferiority”. In theology, one of the practical limitations of God is inherent contradiction; even the Almighty cannot, by the classic example, fashion a square circle.

By definition, supremacy is not equality.

The functional reality that these Christian conservatives need to deal with is that equality is equality. This has been going on for a long time. As we have considered of Ms. Davis, the underlying device is the same as the library book argument. It’s also the same one we heard about pop music in the 1980s; the one that brought us the little black and white warning labels on heavy metal and rap albums. It is a traditional plea of the privileged, that another’s rights stop at the convenience or inconvenience of the privileged; one’s rights are violated as long as another’s are intact.

This is the functional reality: All Ms. Davis is asking is that her equality allow her supremacy.

So whatever one might say in rejoinder to Mr. Benen’s reminder, Mr. Beutler’s recollection of recent history is accurate:

Back before the Supreme Court found a constitutional right to same-sex marriage, when it became clear that same-sex marriage would one day be the law of the land in most, if not all states, conservative culture warriors abruptly changed tacks. After organizing for years around the notion that states and the federal government should refuse to recognize same-sex marriages, they decided the time had come for everyone to be accommodating to one another—as if liberals were suddenly making unfair demands.

But liberals were doing no such thing. For generations, when disputes rooted in discrimination against gays and lesbians arose between parties, governments would generally side with discriminators. Liberals were simply demanding that moving forward, the presumption should be turned on its head—beginning with the states themselves, a great many of which refused to recognize same-sex marriages.

Conservatives responded by issuing pleas for mercy, and embraced the concept of pluralism, to wield as a cudgel against gay rights activists. Same-sex marriage might prevail legally and politically, but opponents should not thenceforth be treated like bigots or pariahs or scofflaws.

What was rendered as a call for pluralism, though, was really a counterbid to keep the old formula: when disputes arise between same-sex couples and religious people like ourselves, the state should side with us.

Thus it is worth reminding explicitly: What he is describing is the old formula of supremacism: In order to be equal, Ms. Davis and other Christians should be able to demand and enforce inequality unto others.

Whatever anyone else tells you about freedom and conscience, simply remember that functionally speaking, supremacy and equality simply are not the same, and cannot be reconciled as such. Kim Davis is about to become a martyr and legend; let us always remember why.

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Image note: Rowan County, Kentucky Clerk Kim Davis shows emotion as she is cheered by a gathering of supporters during a rally on the steps of the Kentucky State Capitol in Frankfort, Kentucky, Saturday, 22 August 2015. Davis spoke at the rally organized by The Family Foundation of Kentucky. The crowd of a few thousand included churchgoers from around the state. Davis has been sued by the American Civil Liberties Union for denying marriage licenses to gay couples. She says her Christian faith prohibits her from signing licenses for same-sex couples. (AP Photo/Timothy D. Easley)

Benen, Steve. “Kentucky’s Kim Davis jailed, held in contempt”. msnbc. 3 September 2015.

Beutler, Brian. “Throw Kentucky Clerk Kim Davis in Jail”. The New Republic. 2 September 2015.