What a shitshow.
It’s being touted, by her supporters, as a test of religious conscience. Bollocks. She’s being compared (if one can believe it) to Martin Luther King Jr. Bollocks.
What she did was break the law. What she did was violate her oath of office. What she did was hold the law, the people, and her religion in contempt. Yes, her religion. She is a county clerk. In Kentucky that requires taking an oath, this oath:
So, she had a legal duty to issue licenses. She had a court order to issue licenses. She was legally bound to issue them. She refused.
Why did she refuse? She claims her religious belief is so strong that she couldn’t violate it. That it was so strong she not only couldn’t violate it herself, but that she couldn’t stand by while other people violated what she sees as God’s law. She feels so strongly about this she is willing to break God’s law to defend God’s law.
So there you go. Just what is it she’s fighting for? The right to treat one group of people differently under the law. That’s it. The law doesn’t demand marriage as a sacramental rite be extended to everyone. It commands that marriage as a civic right be. Nothing in that requires her to violate her conscience, unless her conscience requires everyone in the pruview of her office conform to her religious practice.
That’s not any form of democratic government. That’s a theocratic tyranny, where Kim Davis is the tyrant.
So she’s in jail because she chooses to be. The judge offered her an out; all she had to do was let her junior clerks sign the forms. She isn’t “approving” any icky same-sex marriages. All the judge demanded was she stop standing in the way of her staff, “faithfully execute the duties of my office without favor affection, or partiality”. She refused that.
She violated her oath, refused to carry out the job she is required to do by law. She merits no sympathy. Even if I agreed with her argument, I can’t agree with her lack of principle. She swore an oath. If she can’t live up to her promise to God, that she would carry it out, an honest person would resign.