[b][i]Miley Osiris has abandoned Thread[/i][/b]
She left a note saying: Stop replying.
[b]Religion is the last word in the first poll option[/b]
Simple question, I chose not to use the Kentucky Clerk specifically because she's a hypocrite who picks and chooses which Bible principles she follows by being married four times. So please, keep her ignorance out of the discussion.
Here's the question: If I'm a Christian Marriage licenser, am I obligated by Law to give homosexuals marriage licenses?
(This isn't Taylored to me, I'm just putting me in as an example and trying to keep this as unbiased as possible)
Things to consider:
Freedom of Religion states that I can freely practice my religion. It would be against my Christian belief to issue marriage licenses to homosexuals because the Bible clearly condemns Homosexuals. If I issue marriage licenses to them, I'd have to answer to God for it (based on my beliefs). If I quit, then I cannot support myself for the time that I'm gone. It can also be said that forcing me to believe what you believe by forcing me to accept your way of thinking is just as bigoted as refusing service.
Does Freedom of Religion, issued via the constitution by our Founding Fathers, overrule Gay discrimination if it's on the basis of upholding my religious beliefs?
On the other hand,
The Supreme Court issued that Gays be allowed to marry. This act can only be summarized with one word: Unlawful. It is in direct disobedience to the Law, thus I should face its repercussions if I do not follow it. In separating Church and State, which our Founding Fathers agreed upon, religion should have no adherence to the Government. So in affect, I beg the question, is saying "It's against my religion." A suitable excuse to directly disobey the Law?
Does the Supreme Court ruling overrule my right to Freedom of Religion even though my actions are in direct violation of the Law?
You choose.
Edit: Those who chose Freedom of Religion, speak up! Defend your viewpoint like the others are!
Edit2: Giving a point to each side.
Yes: She is a state employee and an American citizen, she must follow the Law or suffer consequences.
No: It can be said that it is [b]unlawful[/b] for someone to refuse marriage licenses, but it's [b]unconstitutional[/b] to punish someone for following their religion.
Edit3: For some odd reason, I've returned to find that the Poll and comments don't really coincide. The Poll says she shouldn't be forced to issue the marriage licenses due to her religion, but the comments all argue against. So for the sake of discussion, I give some points.
This case is unique. An argument stating that "Well by that logic, Religions can discriminate and get away with it." Anything along those lines is void because that's not what this case is about. It's taking it out of context.
Going back to the Clerk, here's the issue:
She's a Christian. In the Christian religion, Marriage is an institution of God based on her religion. God clearly and Directly says that he isn't too fond of Gays. So she's saying it would be against her Religious conscience to issue those licenses.
The reason this has some merit is the first part. If she had simply said, "My Religion doesn't condone gays, I can't give you these licenses." Then that's simple discrimination that has no basis, or a very little one. But since Marriage is believed to be by God in her Religion, then she has a basis to say, "It would be against my religious conscience to give these Marriage licenses to them."
The keyword here is basis. It's the difference between being Hateful (denying them marriage licenses simply because their sexual orientation) and basis (denying them marriage licenses because it's against your religion).
In order to avoid the Discrimination clause and fall into the umbrella of Freedom of Religion, you have to justify that it would be against your religious conscience to do the thing in question. If you do that, then you fall underneath your basic Right.
Is it fair to punish someone for following their Religion? Is it fair to force someone out of a job because they are following their Religion? Is it even Constitutional?
If you are a state employee, are all your rights stripped? If not then the argument that she's a state employee is void. If so, then State legislature overrules the Constitution and I argue why even have a Constitution.
[spoiler]The making your own religion argument is unrealistic as well. Because you'd have to get it recognized as an official Religion and enough people to meet the ramifications of a religion, which if you successfully pulled off you'd probably be dead by the time it's recognized. Good Luck![/spoiler]
Edit 3: It isn't against the Rasta religion to not smoke weed. It's optional, so they wouldn't have a basis to smoke weed in federal court.
[i][u]Click here for the completely Bias view of Miley Osiris![/u][/i]
[spoiler]
First off, I don't like the Clerk. She's a hypocrite and the kind of person who gives Christians a bad name.
Secondly, I don't think they have a [i]clear[/i] basis to throw her in jail for not serving homosexuals since it is against her religion.
I believe it simply comes down to personal preference, because by Law, her right to practice her religion is protected by the Constitution, if a Supreme Court ruling can overturn this then we should change the constitution to fit it, which we haven't so I'm inclined to believe it applies.
You see how complicated it gets? So it goes back to personal preference and to avoid scrutiny, one in that position with such publicity behind it, one would be forced to rule for the gays.
Another thing I find hypocritical is that people generally don't like Christians forcing their morals upon people. This is totally understandable. But are you not forcing this clerk to accept your moral beliefs? Something's to think about. In Separation of Church and State, the State shouldn't make Laws based on specific moral guidelines. They should only make Laws that benefit the State economically or to protect the citizens in it from having their rights infringed on, including morals on it gets messy like this.
What I do agree with most of you is that she's not doing her job. But you can't be thrown in jail for not doing your job. If you throw her in jail for violating the new law, then you've thrown her right to freedom of religion out the window.
By fairness, the most the Judge should do is demand she be terminated from her Job. If it was me, again my opinion, I'd leave it up to her employer wether he wants someone who will only do half of her job because of religious beliefs. Because I don't have a clear basis to throw her in jail because all she did was not do her job.
So she should be fired but not thrown in jail. But of course if she isn't thrown in jail, the backlash would be that of legend.
[/spoiler]
Edit4: A summary of my bias view
[spoiler]You cannot definitively throw her in jail for what she did. You can't throw people in jail for not doing their job. You can fire them, but not throw them in jail because her rights are protected by the constitution in the sense of Freedom of Religion.
But you can fire her, so fire her, don't throw her in jail because most she did was not do her job.[/spoiler]
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People aren't allowed to discriminate against any religion except christianity
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Edited by Wesleonidas: 9/4/2015 4:21:03 AMSeparation of church and state (not really sure about all the fine print) should be the defining factor to me. If it is required by law as an employee of the state to issue them and the person makes a choice not to, isn't that job abandonment? If I refuse to do my job as a personal choice, I get fired. So should they. Edited for punctuation
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No their job is to issue marriage licenses whether the person is gay or not
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Do the job or stop doing the job.
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They are forced to now. If a Christian felt it was violating their religion then they should find another job.
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What do you mean by "the new law against gay discrimination"? Gays have been a protected class in non-discrimination statutes nationwide for some time. Do you mean the decision of Obergefell v. Hodges? That case found same sex marriage to be a fundamental right, which means in SCOTUS terms the right is just as strong as freedom of religion. What do you mean by "Christian marriage liscenser?" Are you trying to describe a county clerk who happens to be of the Christian persuasion? Reread your posts every now and again. These things out of the way lets talk about the problem actually posed here. Does a county clerk who happens to be christian need to issue licenses to homosexual couples? (one should keep in mind the supreme court denied to hear her claim, and have now found her in contempt for refusing to comply. In practice this answered the question already) If the supreme court had heard her appeal it would have turned on a balancing issue. The clerk believes that issuing gay marriage licenses interferes on her right to freely exercise her religion. This is weighed against the homosexual couples now fundamental right to marry. Both of these are the highest order of rights the court observes, so in that sense they two sides are on even footing. However there is also a founding principle in many areas of the law that the rights of one individual cannot extend to the point of impeding another's. This is exactly what the clerk is doing. The homosexual couple are just applying to be married, their right to marry does not impede the right of the clerk to practice per se. (if they lived in another town or their paperwork was handled by a different clerk for example.) It is unnecessary to explain or explore what the bible, the clerk's religion, or anyone's religion actually says on the issue. No religious beliefs allow one individual to deny another of his or her fundamental rights. (that the clerk is in fact a clerk actually makes the denial state action, so the case is even stronger). As to the final note the clerk is not being jailed for her religion. She is being jailed because she failed to follow a direct order from the supreme court.
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It isn't punishment. Grow the -blam!- up to entitled shitholes
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Yes they should. If someone has a government job and the law says to give them out, then do it. If that persons religious beliefs puts them in a conflicting position at work then it's time for them to either A find a new job, or B find a new religion. Seperation of church and state.
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Edited by JayhawkZombie: 9/4/2015 4:07:07 AMBy your logic, I can deny someone from eating in my restaurant because they're Christian because my religion says Christianity is wrong. You can't force me to serve a Christian when it goes against my own personal morals! But wait, that's discrimination! I can't do that! It's OK for a Christian to discriminate against gays because of their religion, but when it goes the other way around it's totally wrong. Logic.
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Two things. God never said it was a sin to issue a marriage license to same-sex couples. If you're a clerk or judge then it is your obligation to carry out the law regardless of your beliefs. Should a Muslim clerk be allowed to discriminate against Christians because of religious reasons?
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If she cannot perform the duties of her position with a clear conscience then she should resign. I don't get to pick and choose which segments of the public I serve or which services I'll provide. Public service, by definition, requires setting some part of the self aside to perform your job.
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if you work for the government you have to follow the governments rules. period
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What people don't get, is that freedom of religion means you're free to practice your faith. That does NOT mean you can ignore FEDERAL LAW. The states tried to ignore Brown vs. Topeka Board of Education, and look what happened, it didn't work.
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Edited by Captain Korasi: 9/4/2015 3:52:39 AMPractice your religion as freely as you like as long as it doesn't violate local ordinances or a [b][i]SCOTUS DECISION.[/i][/b] I really don't understand what's so difficult about that. Don't proclaim yourself as a law abiding Christian if you're not going to act like one. Edit: Grammar
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The court clerk is a civil servant under oath, she's free to hold an opinion but refusing marriage licenses would be a violation of that oath, and so she goes to jail in contempt of court order. the system is actually working for once
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The point of the legalization of gay marriage is to allow people to do what they believe in. So why should Christians all of the sudden not be allowed to do what they believe in because of gay marriage? It makes no sense.
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Humans are very very complex prefer awoken simple to understand,yes guardians
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Your job is your job; do it or reap the consequences
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Other: If someone is offended that homosexuals are getting married through the legal process, they should resign from their position and let someone who is more fit to allow the LGBT community marry through law. Under the 14th Amendment, everyone should have equal protection under law. This also encompasses other legal processes, such as getting married through the office of a county under someone presiding over it. If someone has to inject their religion to say "No" to an official and lawful wedding through a legal process, they are immediately unfit for their position. Freedom of religion doesn't mean freedom to be a douchebag about it. I'm for freedom of religion, freedom of speech, and all that jazz, but if someone has to cite religion in politics, they are not fit for their position. There is an extremely good and valid reason for "Separation of Church and State". The person in question (Davis, iirc) was a [u]state[/u] employee injecting [u]religion[/u] into her civic duties. Simply because of that, she is completely unfit for her position. If she didn't want to be a drama queen and try to start "OMG, I'M BEING PERSECUTED BECAUSE OF MY RELIGION" bullshit, she should have resigned. Is it unconstitutional for her to refuse marriages to LGBT couples because of her religion? [b]YES[/b]. She violated the 14th Amendment. Though, the plaintiffs simply asked for her to be fined. The federal judge jailed her, and went above and beyond what the plaintiffs wanted. Basically, let's have it in a tl;dr: She was arrested not because of her religion. She was arrested for violating her oath, and even violating the 14th Amendment. She should have just resigned, since she was obviously unfit for her duties. It's not because of her religion, but it's because of her injecting her religion bullshit into something that didn't need to have religion put into it. Before anyone tries to argue: No, marriage predates religion. Christianity and other religions do not have sole rights to that word.
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I saw that stupid judge on the news this morning. You can't violate the law because other people are different than you. I can't believe in 2015 our society is bound by these things. I know you want to respect your religion and all, but that's the most stupid shit I've ever heard. I respect all religions, but some of their methods are unorthodox. I'm an atheist and I haft to go to church occasionally because my parents are Christians.
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If your religious beliefs impede your ability to do your job, you should get a different job. It's as simple as that lol
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God dammit your poll wording is terrible ffs
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As soon as freedom of religion infringes on the rights of others it's not a protected right. This isn't an example of religious freedom it's an example of religious oppression.
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Edited by Lost Sols: 9/4/2015 3:31:42 AMHere's my simplest answer. If she feels that deeply about it there are 2 solutions. 1) she finds a different line of work as maybe that one isn't for her anymore 2) she be allowed to choose not to issue licenses and the couple in question are assisted and issued a license by another member of the staff. It seems to me that #2 would be the simplest solution. Now, I have not read any specifics other than the general headlines, so maybe there's more to it, but you can't force everyone to think alike.
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Very quickly I'll give my two cents. You are a government official, with the duty to issue marriage licenses to citizens. You are now representing the government in this issue, and it is your duty as a government official to issue these licenses within the confines of the law. Am argument I like for comparison is; what if the county you live in is a "shall issue" county; meaning you shall be issued a concealed carry permit as long as you pass the legal requirements. But the official who issues the permits believes guns shouldn't be in the hands if citizens and refuses to issue said permits. Should they be reprimanded for refusing to follow through with their job due to personal beliefs? Yes. Like I said, you are then representing the government, you are no longer representing your personal beliefs.