The Constitution supports her right to freedom of religion and her job has no right to change the rules midstream and force her to go against her own conscience and her own faith, Dante.
Wrong.
The First Amendment has nothing whatsoever to do with this issue, there are no Free Exercise Clause issues in play – invoking the First Amendment is as ignorant and as ridiculous as invoking the 16th Amendment or the 22nd.
The Constitution supports her right to freedom of religion and her job has no right to change the rules midstream and force her to go against her own conscience and her own faith, Dante.
Wrong.
The First Amendment has nothing whatsoever to do with this issue, there are no Free Exercise Clause issues in play – invoking the First Amendment is as ignorant and as ridiculous as invoking the 16th Amendment or the 22nd.
You had better read this:
Thus, Gov. Beshear is imposing a direct, severe, and substantial pressure on Davis by the SSM Mandate when he forces Davis “to choose between following the precepts of her religion and forfeiting benefits [her job], on the one hand, and abandoning one of the precepts of her religion in order to accept work [keep her job], on the other hand.” Sherbert v. Verner, 374 U.S. 398, 404 (1963). 8
This Hobson’s choice places undue pressure on Davis to choose between her job and her religion.
In addition to his unmitigated “approve or resign” rule, Gov. Beshear has ominously declared that “the courts” will deal with county clerks who do not comply with his SSM Mandate. VTC, ¶ 35.
Moreover, immediately after issuance of the SSM Mandate, Atty. Gen. Conway even threatened possible legal action against county clerks who did not comply with the SSM Mandate, even seemingly inviting statement by the county clerk or a deputy county clerk of the county in which the marriage license was issued”; and (4) the “the name of the county clerk under whose authority the license was issued.” KY. REV. STAT. § 402.100(1)-(3) (emphasis added).
As county clerk, Davis is provided this form by the KDLA, and she has no local discretion in the composition and requirements of that prescribed form. VTC, ¶¶ 7, 10. 8 See also Holt v. Hobbs, 135 S.Ct. 853, 862 (2015) (government places a “substantial burden” on religious exercise if policy requires person “to ‘engage in conduct that seriously violates [her] religious beliefs” or “contravene that policy and . . . face serious disciplinary action”); Haight v. Thompson, 763 F.3d 554, 565 (6th Cir. 2014) (government places a “substantial burden” on religious belief when it......
link here:
https://www.liberty.edu/media/9980/..._and_Motion_for_Injunction_Pending_Appeal.pdf