I haven’t weighed in on the Kim Davis affair. It seems to me that there’s been a lot of blogs and articles published over the past couple of weeks that fairly state what I would probably have said anyway. Note that as of today, the same judge that found her under contempt and jailed her, released her as on condition she doesn’t interfere with the issuing of marriage licenses to same sex couples.
We’ll see how that goes. Many on the Christian right have already determined that she’s a martyr for her faith. Some of the Republican candidates for office have used her as an example of criminalizing Christianity. Expect over the next few days to view her on the nightly opinion shows that litter cable news (especially Fox, but don’t be surprised if she’s on CNN and MSNBC as well).
The question that has arisen if is she is on solid legal ground for her refusal to issue marriage licenses. Well, here’s the oath of office that she ascribed when she took office.
Every clerk and deputy, in addition to the oath prescribed by Section 228 of the Constitution, shall, before entering on the duties of his office, take the following oath in presence of the Circuit Court: “I, ….., do swear that I will well and truly discharge the duties of the office of ………….. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God.” The fact that the oath has been administered shall be entered on the record of the Circuit Court.
Note in the last part of the oath, I bolded what can only be the relevant part of the oath that she has clearly ignored. The key words for me there are “without…partiality…”. Yes, she’s supposed to be completely impartial in the execution of her duties. I guess she might want to look up in the dictionary what impartial actual means; maybe take a look at the common synonyms as unbiased, unprejudiced, equitable.
I believe with all the media attention this has received that she will do the opposite of what the judge has ordered. I may be wrong but this looks like an Al Sharpton moment for me. Defy the authorities, become of victim of oppression of “the man”. The judge will have no option but to have her placed back in custody.
Well, before I can even finish writing this piece, there’s an update. Yep, she’s going to defy a federal judge. The circus continues.