Monday, September 21, 2015

KIM DAVIS — HEROINE OR HOLLERER?

By Edwin Cooney

Try to set aside whether you concur or reject her cause.  Is Kim Davis a genuine heroine or is she merely a “hollerer”?  It isn’t simply a question of agreement with Mrs. Davis’s moral outrage.  It is rather a question of the substance of her behavior.  Kim Davis did after all risk the comfort of anonymity and her personal freedom from incarceration by challenging the writ of the highest court in the land.  She took a risk most of us wouldn’t take.  By so doing she has, without a doubt, subjected herself and others close to her to the discomfort of personal ridicule, and even threats to her well-being.  One should readily grant that to put one’s self into such a position takes courage.  Courage is, of course, an essential element of heroism. The question, therefore, is twofold: Is the price she’s willing to pay equal to the damage caused by the consequences of her defiance?  (In other words, is she willingly paying an adequate price for defying the law of the land?) Second, is her defiance a question of principle or politics?

Had Kim Davis defied the ruling and then resigned her position, she would have demonstrated as much principle as defiance.  However, by not resigning her position and thus retaining its pecuniary compensation, she benefited from the privileges she has as an officer of the very legal system she regards as guilty of an immoral act.

There are two other factors that haven’t been adequately covered in the reports I’ve seen on the controversy created by Mrs. Davis.

Let’s assume for a moment that gay and lesbian marriage is an abomination of Christian doctrine.  Is Mrs. Davis responsible or accountable for the souls of others?  Additionally, where in scripture is it stated that nations as entities have any moral accountability?  Even though the “almighty” destroyed ancient Israel for its sins, modern Israel not only exists, it possesses atomic bombs sufficient to give any modern day Babylonia one hell-of-a jolt.  Perhaps our leaders as individuals are subject to spiritual rewards and punishments, but insofar as I’m aware, America as an entity is beyond payment of the wages of sin.  If not, America is in real trouble because many of the most devoutly righteous among us still insist that we need be neither humble nor apologetic about the employment of slavery against blacks or the genocide against native Americans which we utilized to assist us in becoming so prosperous.

Another aspect of Kim Davis’s defiance that doesn’t get enough play is how her defiance of the law is noble yet the defiance of our immigration laws by the refugees from other nations is punishable by deportation.

Compliance of the law is a vital factor in our unity, our prosperity and even our safety.  Defiance of the law is only noble when the person who defies the law asserts three factors:

(1.) That the law or ruling in question has passed the test of legal legitimacy and is primarily a matter of recognizable and reasonable morality.
(2.) That the legitimate rights of no person will be damaged by your advocacy of the current law’s elimination.
(3.) That the advocacy of a change or changes in the present law doesn’t nearly represent self-righteous contempt for the opinions and values of others.

Mrs. Davis’s contention passes the first of the above assertions.  There’s no doubt of her sincerity on moral grounds!  As for numbers two and three, Kim Davis’s actions fail to meet their test.  The legitimate rights of gays and lesbians would be damaged if her defiance should be upheld.  As for the third test of arrogant self-righteousness, the politicization of Mrs. Davis’s contentiousness on the part of a number of the current GOP candidates makes their perception as to the superiority of Mrs. Davis’s stand obvious. Therein lies a blatant inconsistency on the part of most of the GOP presidential candidates: immigrants fleeing political terror in their homeland who violate our laws should be subject to deportation. Mrs. Davis’s defiance of the Supreme Court’s ruling which constitutes the law of the land should be applauded as good old-fashioned patriotism. I say that’s nuts!

History may well compare Mrs. Davis’s act to that of John Scopes who agreed in 1924 to participate in a test case brought by the American Civil Liberties Union challenging Tennessee’s Butler Act which made it a misdemeanor to teach evolution in the state’s public schools.  Unlike Kim Davis, Scopes appears to have had no deep convictions on the morality or immorality of the teaching of evolution.  Thus Scopes (unlike Mrs. Davis) fails the first of the three above assertions.  However, his act was neither a threat nor was it contemptuous of the rights of others.  History records an irony here.  The only politician prominent in the case against Scopes was a lawyer for the prosecution, the three-time Democratic presidential nominee William Jennings Bryan.

I’ve never met anyone who regarded John Scopes as a hero. As for Mrs. Davis, whether a heroine or a hollerer, you can be sure of one thing:

To paraphrase the late great Lloyd Bentsen in his 1988 Vice Presidential debate with his Senate colleague Dan Quayle — “Kim Davis never knew John Scopes.  Kim Davis was never a friend of John Scopes.  And Kim Davis is no John Scopes!”

RESPECTFULLY SUBMITTED,
EDWIN COONEY

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