"As longtime readers know, I’m very much for an expansive definition of religious liberty, but if we grant individuals the right to defy any law they like without consequence, as long as they claim religious liberty, the rule of law ceases to exist. As much as we might admire Kim Davis’s grit — she said earlier that if she has to go to jail over this, she will — I don’t see where the judge had any other choice. He offered to set her free if she would allow her deputies to issue same-sex marriage licenses, but she won’t do that either.
Politically, though, the government is making a martyr of Kim Davis. Look at the comments of Rand Paul and Mike Huckabee above. My TAC colleague Alan Jacobs, who believes that Davis has no right to swear to uphold the law but also get away with defying the ones she doesn’t like, senses that something is up. "
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