Since the founding of the US the debate of religion in politics has been a major talking point. This debate is still prominent today, seen particularly in the Kim Davis debacle. If you have managed to miss the media coverage on this particular 'controversy' it is just another religion in politics debate.
Kim Davis a country clerk from Kentucky refused to issue marriage licenses to gay couples, just days after the Supreme Court ordered that gay marriage is legal. Kim Davis claimed that, "issuing the licenses would violate her conscience and go against her religion." After the news broke that Davis was breaking a now constitutional law, the case was brought before US district judge David Bunning, who ordered Davis to jail and ordered the deputy clerks to issue the licenses. Bunning later released Davis from jail under the condition that she would not interfere with the deputies from issuing the licenses.
This whole debacle is very interesting when thinking about justice. In class we talked a lot about how if you lived in country you have a contract to follow the laws that the country has, and if you don't follow those laws you are unjust. In this situation then is Kim Davis unjust in denying the licenses to same sex couples, but this is when religion and personal ethics come into play. Obviously Davis was being unjust in when looking at it from a societal standpoint but in her view she was being just. Her ethics and religion are against gay marriage and she was being just. So the question I'm trying to reach is, whether it is better to be just in terms of yourself or just in terms of society?
This is a good question (and some may even say that their isn't a meaningful distinction to be made). However, I would like to press you: what do you think? Better to be just in terms of yourself or your society? I think that Hobbes may have something to say about this...
ReplyDeleteIn this matter I believe first and foremost you must be just in terms of society. As citizens of the United States you have a duty to obey the laws, and gay marriage is legal in Kentucky. If you cannot follow the duties that your state has entrusted you with then you must quit your job. But that does not mean you cannot be just in terms of yourself. By Kim Davis giving out gay-marriage licenses she is doing so on behalf of the state and not because she wants to. She can be just to herself by disagreeing with the gay marriage law and by also giving out the licenses on behalf of the state.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteI think it's better to be just in terms of the society.
ReplyDeleteKim Davis, in my opinion, is a perfect example of the state of nature. Obviously, Davis regards her own religion belief aboves the new constitutional law. She refused to sacrifice her own belief and freedom for the happiness of other people. Her action will be perfectly acceptable if she lives in a state of anarchy without any contracts among people.
However, since she chooses to live in a country where the constitution (one body) rules all people, she has to be just in terms of the society. After all, whatever the constitution does is Davis does. Just like what Hobbes had mentioned, Justice is in the commonwealth (constitution), and it is unjust to disobeying the sovereign(constitution) and make new rules. There's is no doubt that Davis' religious belief encourages her to a just citizen, and since justice does not exist in the state of nature, there's no substitution for her other than be just in terms of society.
While it is respectable that someone would hold so firmly to her beliefs, she resides in, and enjoys all the comforts that the American government provides. Thus, she must adhere to the rules and regulations set forth by such a government.
ReplyDeleteHobbes says that to escape the state of nature, the Sovereign is created by all members of the Sovereign giving up some of their freedoms in order to achieve a higher level of physical security.
I believe that Hobbes and I would be in agreement on this case because of the above reasons. In regards to the legitimacy of her claim in terms of its legality in the American system, her beliefs cannot be considered reason enough for her to decline these marriage licenses. As stated in the First Amendment of our Constitution, "Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices" meaning that you can believe whatever you like, but you cannot act on those beliefs if they are in violation of our legal code.
I believe it is better to be just to yourself, as long as that does not interfere with the social contract you must keep (if a social contract is present in your life).
In my opinion, it is more important to be just in terms of society. You are a part of that society and you gain the benefits of living there, so you should abide by their laws as well.
ReplyDeleteKim Davis is clearly acting unjustly. She took a position that required her to issue marriage licenses. That wasn't something she was unaware of. When the Supreme Court ruling about gay marriage was announced, she could have stepped down from her position. However, she interfered with set laws of the society she lives in. She basically pushed her beliefs onto the people of her county by not issuing these marriage licenses.
In no way do I think that anyone should be forced to do something that goes against their religion. However, if you are in a position of power that makes you do something you may not agree with, you have the obligation to either fulfill that job anyway or step down. I think there are enough options in the US that someone can leave a job such as that and still be confident that they will find a job that better suits their beliefs. Kim Davis was putting herself before the people who relied on her for a certain purpose and was definitely acting unjustly.
I believe that you have to just terms of society. The United States has laws set in place to provide people with the best environment possible. As a citizen, you are making an unofficial promise to obey these laws. As stated in this article, gay marriage is legal in Kentucky. If this is something that cannot be understood by someone, then I think that they should quit their job. When Kim Davis got her job, she knew that she was going to have to uphold certain rules and laws. I believe that Kim Davis was acting unjustly when she refused to give out marriage licenses for gay marriage. Instead of interfering with the legal system in the United States, she should have stepped down from her position the day that Supreme Court ruled that gay marriage was legal in all states.
ReplyDelete