The Constitution (Amendment 1) says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."
Congress hasn't passed such a law so no problem there.
On the other hand claim religion is not an exemption against having to comply with neutral, generally applicable laws.
And the 14th amendment said that what applied to the Fed govt, now applies to state and local govts too. Meaning, no govt can make a law as described by the 1st amendment.
Again true.
Again, religion is not a get-out-of-jail free card for not having to comply with generally applicable laws which do not target a particular religion.
A basic tenet of many religions in this country is that homosexuality is a sin, and is forbidden. That was true in George Washington's time, and is just as true now.
And there are many religions (or denominations within a religion) that have accepted same-sex marriage. Ms. Davis refusing to issue a marriage license to them, the same as she does to others, is actually her acting as a government agent to discriminate against the religion of others.
Something that the 1st Amendment prohibits (government discrimination based on religion).
If Congress makes a law saying that people (such as county clerks) must accept a homosexual same-sex "marriage", hasn't Congress (and/or the county govt of Rowan County, Kentucky) violated the 1st amendment?
Neither Congress nor the Kentucky legislature has made such a law. The role of the County Clerk is not to "accept" (as in moral approval), the County Clerks job is to review the qualifications of the applicants and determine if they meet the criteria under Kentucky law to be issued a Civil Marriage license.
She is under no obligation to "accept" (as in change her feels about what marriage should be) she is simply certifying they they meet the conditions of Civil Marriage under the law.
Why did they jail Kim Davis? Sounds like they should have jailed the Congressmen (or county govt officials) who voted for the law instead, and possibly the affirming justices of the Supreme Court too.
Ms. Davis was found in violation of 42 USC 1983 and a preliminary injunction issued in Federal court for not doing her job. She refused to comply with the courts order and was fund to be in contempt of court under 18 USC 401-402.
There is nothing "unconstitutional" about Congress enacting laws that say if you are a government agent acting an official capacity that you cannot discriminate against the citizens of this country.
As a matter of fact that is within the scope of the 14th Amendment where it says that Congress has the power to pass legislation to ensure the people receive due process and equal protection under the law.
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