Kentucky legislature

Do many reporters get why Kim Davis is in jail? Hint: Investigate Kentucky laws

Do many reporters get why Kim Davis is in jail? Hint: Investigate Kentucky laws

So Kim Davis is in jail, which is the only place -- under current Kentucky laws, apparently -- she can go without giving her signed consent (hold that thought) to same-sex marriages, which she believes she cannot do because of a theological conflict of interest.

So U.S. District Judge David L. Bunning has done the logical thing and locked her up, because -- under the current Kentucky laws -- there is no other way to obey five members of the U.S. Supreme Court and get marriage licenses to same-sex couples in that state.

Here is a crucial question to which I cannot find an answer: Does Kim Davis, under current Kentucky law, have to put her name on a license to make it valid. I ask because Davis is on record as supporting compromises in which gay citizens could receive marriage licenses without a signature from the local clerk or with the signature of another willing clerk appointed by a judge or the state. As I have stated in previous posts, she is willing for licenses to go out, only she refuses to give her consent. She does not want this taking place under her authority, but under the authority of someone else recognized by the state.

However, there is no law allowing that approach in Kentucky, as opposed to, let's say, North Carolina. Right? If Davis was in a different state, she would have other options. That's an important fact in this standoff.

Let's return to The Washington Post coverage, since that has where I have been following these events most closely. There is much to applaud in the story that went live last night, but there are familiar gaps -- even when compared with earlier Post coverage. Let's read and I'll add some comments:

Davis’s decision means the 49-year-old elected public servant will be kept in custody indefinitely as the legal wrangling over her case continues. It also suggests she is willing to martyr herself for her cause, which is the right of public officials to be guided by their personal religious beliefs.

"Suggests" is never a good word in hard-news coverage.

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