The best things about the Kim Davis story have been the memes. Kim Davis, in case you were busy discovering water on Mars, is the Kentucky county clerk who has refused to grant marriage licenses to gay couples because, she says, of her deeply held religious convictions. Anyway, the memes have been terrific. A few favorites: Harrison Ford, holding up a sign reading ‘didn’t much care for Star Wars, did his job anyway.’ Freddy Mercury: ‘did not in fact like fat-bottomed girls, did his job anyway.’ And one featuring Congress, reading ‘US Congress, didn’t want to do their job, did . . . oh, wait, shoot, this one doesn’t work at all.’
Still, mock-worthy though Davis’ refusal has been, it’s not entirely risible. Religious liberty is an important constitutional principle. Marriage is an important institution. I wasn’t going to write about her at all, frankly, but after her visit with Pope Francis was confirmed, I thought I would toss a few random thoughts into the old Blog-Generator 2000©. With no particular coherence, and in no particular order, then:
1) Neither her physical appearance or the redneck-cliché look sported by her husband are fair game, or deserving of commentary. But her marriage history is relevant, though not for reasons often presented by our fellow lefties. Her personal story needs to be seen in the context of a conversion narrative. Once lost, now found; once a sinner, now repentant, right? Of course, there’s no reason to doubt the sincerity of her beliefs, and I think her history makes her stance more coherent; she’s been saved, in her mind, in both a spiritual and secular sense. Her life really has changed for the better, in measurable ways, because of her conversion. We should respect that.
2) I wish I could believe that Pope Francis’ visit with her was in the spirit of Jesus ministering to sinners and publicans. (While there has been some dispute about whether this visit actually happened, the Vatican has now confirmed it). This is an exceptionally cool pope; pro-science, deeply concerned with poverty and an opponent of capitalist greed. But he’s still a Pope, however progressive he may seem on a range of issues. On gay marriage, though? Not so much. This is who Francis is, this is what he stands for. Like every other pope ever, he’s infallibly fallible.
3) Let’s be very clear about what the SCOTUS decision in Obergefell did and what it did not do. It did not create new federal law. It did not ‘legislate from the bench.’ It was not a case of ‘five lawyers in Washington redefining marriage.’ The Supreme Court did exactly what it’s supposed to do: judicial review. It found laws banning same sex marriage unconstitutional, violative of the Fourteenth Amendment. That decision did have the effect of legalizing gay marriage across the country, that’s true. But there’s a small but significant between saying ‘you have to stop preventing’ these sorts of marriages and saying ‘you have to allow’ them. They add up to the same optics; deliriously happy folks celebrating their mutual, and now official, commitment. Those optics are also the main reason that public opinion on this issue has shifted so dramatically. I mean, come on.
4) But precisely because SCOTUS did find preventing gay couples from marrying unconstitutional, Ms. Davis was absolutely obligated not to unilaterally overrule their decision. Which, by denying licenses to gay couples who showed up in her office, she was attempting to do.
5) It’s perfectly obvious that Judge Bunning, the guy who jailed her for contempt, absolutely didn’t want to do that. He gave her every opportunity to comply with the Court’s decision. He made every effort to accommodate her beliefs. Her recent actions, which are to provide gay couples with marriage licenses with her name removed, are probably also illegal. This case is not over; she could easily find herself in jail again, for contempt.
6) Can we agree that the footage of Mike Huckabee’s aide physically preventing Ted Cruz from going up on stage and sharing in the ‘solidarity with Kim Davis’ photo-op love is one of the funniest takeaways so far from this political season?
7) I’m setting the over/under on how long before Kim Davis is a Jeopardy question at 18 months.