Wednesday, June 15, 2016

Heritage polemicist does not understand discrimination

Ken McIntyre
Ken McIntyre, senior editor of Heritage Foundation's blog Daily Signal, has written a rather verbose piece about Pinedale, Wyoming municipal judge and circuit court magistrate Ruth Neely. In 2014 Neely said that, due to religious objections, she would not perform same-sex marriages. This prompted the Wyoming Commission on Judicial Conduct and Ethics to begin an investigation. The Commission recommended to the Wyoming Supreme Court that Neely be removed from the bench.

According to McIntyre:
All this without a local citizen filing a complaint against the judge, who is active in her Lutheran church, and without her ever being asked to officiate at a same-sex wedding.
By example, a restaurant does not have to refuse service to be guilty of discrimination. All they have to do is to post a sign that says “we do not serve [fill in the blank].” It is discrimination per se if they are refusing, in advance, to serve a protected class.

Ms. Neely has done pretty much the same thing. In Wyoming, as a public servant, there are no religious exemptions to providing services. She is required to serve all people equally. Gays have a constitutional right to marry and she may not interfere with that right. If her religious beliefs take precedence over the law then she is not fit to be a judge. Not surprisingly the judge is represented by Alliance Defending Freedom which seems never to defend freedoms for LGBT citizens.

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