Kim Davis has definitely become a trending topic. All kinds of opinions have surfaced in light of her decision to refuse to grant marriage licenses to same-sex couples based on “God’s authority.” Although Davis has been arrested and since released from jail, her situation is far from over.
Recently, Eugene Volokh for the Washington Post addressed Davis’ legal situations. Volokh also mentioned other employees whose religious beliefs may conflict with doing their jobs.
The piece broke down Title VII of the federal Civil Rights Act. Religious exemptions must be made for employees so long as there is no “undue hardship” of heavy costs on the employer.
Accommodations can be made, where for instance the employer will assign the task to someone else. However, it is also mentioned that “the government has no constitutional duty to give religious objectors special exemptions from generally applicable rules.”
Volokh notes that Title VII excludes elected officials. He does also point out though that Davis’ state of Kentucky is one of 20 states with a RFRA law. In that case, the government doesn’t just have to show “undue hardship,” but a “compelling government interest” as well.
While Davis may lose her federal lawsuit against her, she may have a greater chance of succeeding in state court. Removing Davis’ name from marriage licenses for same-sex couples is something Volokh regards as “a cheap accommodation that… a state could quite easily provide.”
It seems, then, that whether Kim Davis prevails depends on what kind of court she is in. The same can also likely be said for other employees who bring forth religious objections.
In the court of public opinion there are many ways to frame Kim Davis and her situation. She’s even divided the Republican Party. At least this case is relatively easy to understand in one respect.
