Friday, July 1, 2011
Conscience claims coming to NY
A New York town clerk takes her stand, though perhaps she should have waited until she had an actual case before her. I consider myself to be a strong advocate for rights of conscience, but I think those rights are much more difficult to defend for state actors (not necessarily impossible, but much more difficult).
https://mirrorofjustice.blogs.com/mirrorofjustice/2011/07/conscience-claims-coming-to-ny.html
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I am not at all sympathetic to claims that e.g., one shouldn't be a pharmacist if one is not willing to dispense contraceptives where there are plenty of other pharmacists who can perform that function. However, it seems to me one cannot hold a position as the town clerk in a locale where gay marriage is legal and refuse to sign the marriage license. There I do think the answer is you can't hold the position if you can't perform the duties of the office.