The right-wing legal group Liberty Counsel has been encouraging public officials from county clerks to governors to ignore the Supreme Court’s decision striking down gay-marriage bans nationwide, and as part of this work is representing Kim Davis, a Kentucky clerk who is refusing to issue marriage licenses to gay and lesbian couples.
Liberty Counsel’s main argument in the Kentucky case is that Davis’ religious liberty is being violated because she is being forced to do her job and issue licenses for legal marriages between people of the same sex.
In fact, LC argues in a recent court filing, marriage equality actually imposes an unconstitutional “religious (or anti-religious) test for holding office” because people like Davis who don’t want to issue marriage licenses to gay couples aren’t allowed to refuse to do so.
WorldNetDaily summarizes LC’s argument:
They want, the court filing explains, “to induce irreversible and substantial harm to the religious conscience of Davis.”
“If Davis’ religious objection cannot be accommodated under the circumstances of this case, then elected officials have no real religious freedom when they take public office,” Staver warned.
The brief argues, “There is no constitutional right to have a particular person authorize a SSM license and affix their imprimatur to that permanent public record, especially if that person holds deep religious convictions prohibiting her from participating in and approving of SSM.”
It continued, “Contrary to plaintiffs’ insatiable demands, such individual rights and freedoms so fundamental to liberty are neither surrendered at the entry door of public service nor waived upon taking an oath of office. To suggest otherwise creates a religious (or anti-religious) test for holding office – which the United States and Kentucky Constitutions expressly forbid.”