Kentucky county clerk Kim Davis, who refused to pass out marriage licenses to gay couples, has failed the test of separation of church and state.
When elected, the public official agrees to follow the law of the land, her state and U.S. government. Whether rightfully a law or not, established by the U.S. Supreme Court it is the law.
It seems the clerk can recuse herself from issuing licenses or at the least resign. She obviously cannot carry out the duties required as an elected official.
She is not responsible for the law, but she must uphold it. That she would be tried and convicted in her “religious court” is her right to believe. Now she has been found in contempt in her state court, which is reality.
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There is no question of the right of individuals to believe in religion as they wish. But that belief cannot override the responsibility to the elected office.
The late John Kennedy was accused of bowing to the wishes of the Catholic Church if elected. He observed the separation of church and state as every elected official must. Thomas Jefferson recognized this as the new country began.