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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Ahh, but punishing her for following her religion can be considered an infringement on her rights to freedom of religion guaranteed in the constitution. In other words, punishing her for following her religion can be argued to be unconstitutional.
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She still has the freedom to practice any religion she wants, that freedom does not permit her to refuse people the services of her office as protected by the Supreme Court. Being a public servant, or any real professional means your faith stays at the door when you're on the job
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So what you're saying is that your Freedom of Religion right is void when you walk in the door? If so, then all rights are void when you walk in the door. No Law permits one to be punished for following their religion, correct me if I'm wrong.
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[quote]So what you're saying is that your Freedom of Religion right is void when you walk in the door? [/quote] Technically you're still entitled to that right, but religion must stay out of government to remove bias. Therefore your religious beliefs must stay out of your professional business, the two entities are very different. [quote]If so, then all rights are void when you walk in the door. [/quote] That is a huge leap, can you please substantiate this with some evidence? [quote]No Law permits one to be punished for following their religion, correct me if I'm wrong.[/quote] This can be interpreted in different ways. If you claim your religion calls you to harm or infringe upon the rights of others, then it is most likely unlawful.
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You're right.
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Your freedom does not allow you to refuse a government service. She is fully capable of being a practicing Christian and still hand out marriage licenses, as such she is in custody and the Supreme Court moved against her. There is no argument here, if she feels her religion prevents her from doing this job, she needs to find a new one.
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There are situations where freedom of religion becomes invalid: for example, a Christian schoolteacher, despite being taught religiously to proselytize their religion in an attempt to convert people, cannot proselytize to her students.
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Different situation because one cannot justify proselytizing their religion to a judge in accordance to the Law. One can justify that they can't issue licenses in obedience to their religion. Then at that point, it is up to the judge to say if Freedom of Religion is overrules by the new law.
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My point being that one who works for the state cannot misdirect the purpose of the state via one's own personal liberty.
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But they can have their rights violated?
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But that person has the right to follow their religion. You see the dilemma?
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You can swing your fist as long as it doesn't connect with someone's face. Similar
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[quote]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[/quote]