303-534-4888

104 Broadway, Suite 200
Denver, CO 80203

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104 Broadway, Suite 200
Denver, CO 80203

Attorney Sharon Liko Weighs In on County Clerk’s Refusal to Issue Marriage Licenses

Attorney Sharon Liko Weighs In on County Clerk’s Refusal to Issue Marriage Licenses

On September 7, 2015 Sharon Liko appeared on the Fox News program “Happening Now” to discuss Rowan County Clerk, Kim Davis’, refusal to issue marriage licenses to same-sex couples following the Supreme Court ruling that permits same-sex marriage.

On June 26, 2015 the United States Supreme Court held in Obergefell v. Hodges that the Fourteenth Amendment guarantees the right to marry to same-sex couples. Following the ruling, Kim Davis refused to issue marriage license to both same-sex and opposite-sex couples on the ground that it violated her religious freedom. She also prevented deputies from issuing marriage license.

On August 12, 2015 a district court judge ordered Davis to issue marriage licenses to all couples. Because of Davis’ continued refusal to issue marriage license, she was arrested and jailed for contempt of Court on September 3, 2015. The day after this interview, September 8, 2015, Davis was released and did not obstruct the issuance of marriage license to same-sex couples.


During the interview Sharon Liko addresses the following issues:


Government Service and Religious Freedom

Just because an individual enters government service, this does not mean he or she changes religious faith. The government employee can still practice his or her faith, but may on the job in a way that interferes with the legal rights of the citizens he or she serves.
In Garcetti v. Ceballos the United States Supreme Court held, “When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom”.
Kim Davis, like any other government employee in the United States, must abide by the rule of law. She cannot assert religious freedoms prevent the performance of essential duties, like the issuance of same-sex licenses, when the law states this is a legal action and part of her job duties.
Regarding Kim Davis, Sharon Liko states,
“She has a choice. She has the get out of jail card free. She is a hypocrite. She’s applying for the job of a martyr. She wants to practice her faith by not issuing marriage licenses. Yet she will not allow the deputy county clerk to issue licenses even if it is okay with their faith. She is government employee. She took an oath to abide by the law and uphold the law then she needs to resign.“


Supreme Court and Constitutional Authority

Article 3 Section 2 of the Constitution grants the Supreme Court constitutional authority or the right to interpret the law and resolve disputes. The Supreme Court had the right to determine the Fourteenth Amendment grants the right to marry to same-sex couples in the United States. The Supreme Court ruling has legal authority in all U.S. states and territories, including Colorado.

Kim Davis has a choice. She can either abide by the law or resign. A government employee cannot choose to adhere to certain laws and disregard others.


Read the full news feature here.

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