The Conscientious Objector: WHY Kim Davis May Get Off Scot-Free!

[Rhett E. Column]

ROWAN COUNTY, Kentucky - Good morning! It took me a few days, BUT I think I got the angel of WHY & HOW Rowan County, KY. Court Clerk Kim Davis may, MAY NOW, get off scot-free.

As you know she is the "lone," county clerk who is "refusing to issue marriage licenses to same-sex couples." And while it is heart-breaking and downright cruel and unusual punishment that she won't, by the way heterosexual couples are suffering the same fate in Rowan County because County Clerk Davis is refusing to issue marriage licenses to anyone, period, regardless of; race, color, creed, ethnic or national origin or sexual preferences across the board, issue the licenses there's a very good reason for that. And do you want to know why?

It's an argument as old as time and memorial itself. Conscientious objection. Ever heard the term?

"A conscientious objector (CO) is an "individual who has claimed the right to refuse to perform military service[.]" On the grounds of freedom of thought, conscience, and/or religio[us objection]." - according to Wikipedia posting for its definition

You say well, by definition than Kim Davis is A.O.L. or Ass-out of Luck then because she's not in the U.S. Military. Touche!

But upon closer inspection into the Wikipedia posting for what the term Conscientious Objector means we see that in regards to Alternative Civilian Service such conscientious objection can and will apply:

"Alternative civilian service is service to a government made as a civilian, particularly such service as an option for conscripted persons who are conscientious objectors and object to military service.

Civilian service is usually performed in the service of non-profit governmental bodies or other institutions. For example, in Germany (before conscription was abolished), those in civilian service worked extensively in healthcare facilities and retirement homes, while other countries have a wider variety of possible placements.

Common synonyms for the term are alternative service, civilian service, non-military service and substitute service.[..]" - according to the Wikipedia posting on Alternative Civilian Service in Relation to Conscientious Objector Status

A county clerk is in no ways responsible for enforcing the law, merely upholding it or and at the very least seeing to its facilitation from the standpoint that county clerks, who have many duties and responsibilities, maintain the books for the county, issue marriage licenses, divorce papers, deeds, etc.

BUT, and according to law they do have the right to object to all or a portion of their duties and responsibilities because they are regarded as a Civilian or Non-Combatant in their "official," capacity.

"A civilian under the laws of war (also known as international humanitarian law) is a person who is not a member of the military and is not taking a direct part of hostilities in situation of armed conflict. Civilians are distinct from combatants. They are among the category of non-combatants and are afforded a degree of legal protection from the effects of combat and military occupation.

In U.S. parlance, a civilian is also not a law enforcement officer or not a firefighter.[1] In addition, the term also includes one who is not a suspect/criminal or is not affiliated with that suspect/criminal, in order to differentiate between an innocent and a non-innocent, similar to that of a combatant and a civilian under the laws of war. (However, non-civilian personnel could fall under the category of suspect/criminal if they act outside of their official duties, depending on specific circumstances and interpretations of such). In a military context, Chapter 18 of Title 10 United States Code refers to law enforcement officers as civilians.[2] [...]" - according to the Wikipedia posting on what a Civilian is in relation to Conscientious Objection

Hence where the term Alternative Service Program would or could come into play. You say well, what does that have to do with Kim Davis and her elected position of County Clerk for Rowan County, KY? But that's just it County Clerk or being County Clerk falls under an Alternative Service Program because a County Clerk is in no ways a member of the military or law enforcement community. Be it elected or otherwise. IF you stop and think about it for a minute, which I am sure, no doubt, Mrs. Davis attorney's Matt and Anita Staver with the infamous, "Liberty Counsel" have. You can conceivable begin to see where she may have the legal right and moral obligation to object to gay people asking her office for a marriage license.

Matt and Anita Staver have been in the legalese business for more than forty years. They are no slouches by any stretch. Despite what some may say about them, they know what they are doing. After all, they were the chief legal counselors for the late great Rev. Dr. Jerry Falwell, Sr., M.E. & PhD. And helped to steer him and others who formulated the so-called, "Moral Majority" or "Silent Majority" that helped to elect Presidents like Richard Nixon, Ronald Reagan and George H.W. Bush. Falwell called them his brain, Al la: George W. Bush and Karl Rove.

The point being is that at some point and time, IF they haven't already, Matt and Anita Staver will argue that their client, Kim Davis, has the right to conscientiously object to issuing marriage licenses to same-sex couples, due to religious reasons, and she has the right to do so BECAUSE she is a civilian and her elected position as county clerk for Rowan County, KY. in no ways makes her a member of the U.S. Military or a Law Enforcement Officer.

You say, "Well Rhett! I mean c'mon now. That argument IS weak man. Piss poor at best. Because she's an elected official..." Yes. She is an elected official, BUT in her official capacity she is not expected to enforce the law, merely uphold it, unless she objects to a portion or all of her duties and responsibilities. And in this case she objects to giving out marriage licenses to same-sex couples for religious reasons.

Therefore because there is an objection, in this case a specific and well-defined objection, "I don't want to issue you a marriage license because you're gay and you being gay and asking me, as the Clerk for Rowan County, to issue you one goes against my personal religious beliefs..."

You say well, "Separation of Church and State Rhett!" Yes! But that's at the federal level, at the local level, and down Rowan County way, Down South, still, and in certain parts and parcels of the U.S.A. they take that 1st, 10th and 14th Amendments to the U.S. Constitution seriously, right along with that 2nd Amendment to, less we forget. And because we do, because they do, they will raise objections of conscience unless and until We the People elect a Congress and a President of the United States that will openly call of a Change of Laws of our Land, E.g. A Constitutional Convention.

Prepare yourselves my gay and straight friends. Objections of Conscientious has begun. And that is WHY, I think, Kim Davis may, she just may, get off scot-free.

#LGBTQnews #Equality #LoveIsLove

-- Rhett E. Column