The Professor
Diamond Member
- Mar 4, 2011
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I don't think she should have been terminated. She should be accommodated.Yet, refuse to issue same sex marriage licenses and you go to jail.
You think the flight attendant should be jailed?
And I don't think the Clerk should have been jailed for refusing to issue marriage licenses.
I respectfully disagree. I don't think you have the full story.
If all she did was refuse to issue marriage licenses to gays, there shouldn't have been a problem. She could have advised others in her office that her faith prevented her from issuing licenses to gays and then asked them to help her by filling in for her when she needed them. When a gay couple came in, she could have discreetly absented herself and allowed another person to issue the license.
Had she done this, she could have asserted her right to “reasonable accommodations” of her religious beliefs. Issuing licenses to gays would consume an insignificant amount of her work schedule. Her county has a population of around 23,000. Many of these are children and only about 5% of the adult population is gay. I don't know what the marriage rate is for gays but I do know that not all gays want to get married. I doubt that even 100 gay couples would apply for marriage licenses each year so having another person perform this task would not be an undue burden. Further, as the supervisor in her office she had the right to assign job duties to her employees. Although gay couples had the right to obtain a marriage license, they had no right to have a specific employee provide this service.
The problem is that she wouldn't allow anyone in her office to issue the license and this makes “reasonable accommodations” impossible. The judge did the only thing he could possibly do. His job was to enforce the law and the law said that the Clerk's Office would issue marriage licenses. The law also gives gays the same rights to marry as heterosexual couples. The judge wisely refused to let her off with a fine. The judge knew the fine would not change her behavior because she would probably not pay the fine herself and would most likely profit by the affair.
For the record, I spent a good part of my life defending employees against disciplinary actions and enforcing their rights, including “reasonable accommodations” for various conditions such as handicaps and religious beliefs. I know what “reasonable accommodations” are and they do not include forcing a government agency to cease performing a statutory duty. Anyone who thinks that forcing gay couples to drive to another county to get a marriage license is a “reasonable accommodation” does not know the law.
There is no way in hell she is going to prevail in this matter which is a good thing. If she were allowed to continue her obviously discriminatory practice she could literally bankrupt her county. There will be inevitable lawsuits for which there is no imaginable defense. I wouldn't be surprised if the gay lobby targeted the county for the purpose of filing such lawsuits.