Sigh… confusion over freedom of religion, again.

From the Lexington Herald-Leader. 

Can county clerk Kim Davis refuse to issue same-sex marriage licenses, keep her job, and avoid a contempt of court charge? She seems to think so, and the president of Kentucky's senate is on her side. Davis is due before a federal judge at 11am, and in a last-minute legal filing, she argues that it would be unfair to punish her for disobeying an order that she is "presently unable" to comply with because it "irreparably and irreversibly violates her conscience." 

It is a common error to hold up one’s freedoms as a shelter of one’s behavior. Indeed, Kim Davis is absolutely free in Kentucky to hold the religious belief that she does. What she is not free to do is to refuse to carry out duties that are reasonably required of her in her job. County clerks in Kentucky issue marriage licenses. It's what they do.

The analogy I like it to a conscientious objecting Mennonite and police work or the military. In Canada you are absolutely free to hold religious beliefs that disallow you from bearing arms. Indeed, in the U.S., Amish objectors can register and thus avoid combat roles. This is an accommodation of their religious beliefs. But, what you cannot do is apply to join the RCMP or the Canadian Armed Forces and then cry that you will not bear arms. These jobs require that you carry and be willing ot use firearms. The state cannot force these jobs on you, that would be an abrogation of your freedom of religion. You have some responsibilities too. Your exercise of your freedom of religion is to not join these organizations in the first place.

Similar to Ms. Davis in Kentucky. Your exercise of your freedom of religion is to not take the job as county clerk because county clerks provide marriage certificates to people legally entitled to be married. It this is a problem for you then go do something else with your time.

This also applies to freedom of speech which is, perhaps, the most commonly confused liberty. Yes, you are free to speak your mind. But this freedom does not mean you will not suffer consequences. Dalhousie dental students are free to speak about their colleagues in almost whatever way they like. But, this does not mean that they may not suffer consequences from their university or professional college.

We are free to think and speak. And we are also free to be critical of one another.