Conservatives respect law and tradition. Suddenly, liberals have discovered the beauty of the law. With the issuing of Obergefell, their respect for legal authority has blossomed like a morning glory in August. Forget civil disobedience. Why should Davis be permitted to brazenly disregard what is now established in law?
The law of the land is not just a rule book. It’s more accurate to understand it as an organic tradition, which already has many precedents for exactly the kind of problem that arises here: dealing with good-faith conflicts between legal norms and sincere moral or religious beliefs. So, in a sense, it is the law itself that gives us good reasons to look for ways to accommodate people like Davis, whose free exercise of religion is burdened by revisions to current laws.
Liberals, we get that you aren’t big fans of tradition. But maybe you could try to remind yourselves now and then that we aren’t reinventing the wheel every time interests conflict? Many people think they are being principled when they suggest that Davis should quit her job if she feels unable to discharge her duties. But that’s not how these sorts of cases have been handled in the past. Both the Federal Civil Rights Act and state Religious Freedom Restoration Acts (which Kentucky has passed) provide a legal framework for seeking accommodations for employees who are unable to execute specific duties for reasons of conscience.
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