Saturday, September 05, 2015

Re Kim Davis - 

If she can delegate the signing of forms to someone, she should be accommodated.  If she can't - or is unwilling to delegate - then she can't do an "essential function" of her job with or without an accommodation, and she needs to quite or be fired.

This certainly is a way that "another person's marriage can have an effect" on the majority of people who don't agree with 5 unelected lawyers changing millennia of hard-won social sanity.  It is a species of injustice and same-sex marriage proponents show how they were never concerned with justice or a concern for individual rights in the first place.

In addition, it is certainly the case that liberals broke the law repeatedly and were never punished.  I think the Kim Davis moment is useful because it exposes our liberal brethren - slogans, not rules - for they hypocrites they are.

But if we are going to be a nation of laws, not men, despite the best effort of the fever swamp left to destroy that basic commitment, then we need to recognize rules.

Volokh lists them.

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