Oct 2nd 2015, 21:08:00
What people aren't talking about is the choice that Kim Davis could have made to fix her situation within Kentucky law. Of course, the US Supreme Court has issued their ruling and federal judges are obligated to see the ruling fulfilled. They cannot, however, impose a requirement as to how the ruling is fulfilled. On that note, some states have changed their marriage laws to state that marriage licenses are issued under the authority of the state and may be issued by numerous officials. This allows for someone objecting to same-sex marriage to pass the matter onto another qualified authority who would then issue the license under the authority of the state. Kentucky did not choose to make such changes to their laws, but they do have a Kentucky Religious Freedom Restoration Act (similar to the Federal law).
My problem with Kim Davis is that at some point before or after the federal judge ordered her to issue the licenses, she would have gained standing to sue the state of Kentucky for relief. Kentucky courts could then have issued injunctions against the Kentucky marriage laws requiring the the licenses be issued under Kim Davis and/or the authority of her office. This likely would then force Kentucky's legislature to take up the matter in their next session, but the licenses would be issued lawfully without Kim Davis's involvement. She would be free to live out her beliefs within the confines of the federal court order and state law.