The jailing of Kim Davis is unnecessary. The governor of Kentucky, Steve Beshear, could have easily used the state Religious Freedom Restoration Act to authorize conscience exemptions for marriage clerks, essentially putting the burden of issuing the license on the office, not the individual. Five of six deputy marriage clerks have told the court they are willing to offer same-sex marriage licenses. Davis is unwilling to delegate authority to the clerks to sign the licenses with her name and seal, but that is a technical detail the governor or the legislature could easily overcome.
Free Kim Davis now. Our reaction to her jailing will tell us something important about the future of this country.
If she remains locked up at taxpayer expense, the only reason will be that Democrats want to use gay marriage as a club with which to beat traditional believers — and that Republicans are too gutless to act to stop them.