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Citing 'God's Authority' Shaky Ground to Not Obey the Law, Experts Say

When Kentucky county clerk Kim Davis went to jail rather than issue marriage licenses to same-sex couples, her argument that doing so would violate her religious beliefs highlighted the issue of whether people must obey the law and go against their religious faith.

The Washington Post's Robert Barnes and Katie Zezima report that legal experts said that Davis was on shaky ground in citing her religious beliefs when she was a public official pledged to uphold the law. No U.S. Supreme Court justice signaled disagreement with the decision not to take up Davis' appeal when she stopped issuing marriage licenses to both same-sex and opposite-sex couples.

Richard Garnett, a Notre Dame law professor who specializes in religion and the law, told the Post that appeals to morality are hard for a judge to assess considering same-sex couples feel that it is moral to have access to the right to marriage and religious opponents feel that it is immoral to allow same-sex matrimony.