Lawrence
M. Krauss, an atheist, gives an interesting perspective on the Kim Davies case:
The Kim Davis story raises a basic question: To what extent should we allow people to break the law if their religious views are in conflict with it? It’s possible to take that question to an extreme that even [Davis’s supporters] might find absurd: imagine, for example, a jihadist whose interpretation of the Koran suggested that he should be allowed to behead infidels and apostates. Should he be allowed to break the law? Or—to consider a less extreme case—imagine an Islamic-fundamentalist county clerk who would not let unmarried men and women enter the courthouse together, or grant marriage licenses to unveiled women. For [Davis’s supporters], what separates these cases from Kim Davis’s? The biggest difference, I suspect, is that [supporters agree] with Kim Davis’s religious views but disagree with those of the hypothetical Islamic fundamentalist.
The problem, obviously, is that what is sacred to one person can be meaningless (or repugnant) to another. That’s one of the reasons why a modern secular society generally legislates against actions, not ideas. No idea or belief should be illegal; conversely, no idea should be so sacred that it legally justifies actions that would otherwise be illegal. Davis is free to believe whatever she wants, just as the jihadist is free to believe whatever he wants; in both cases, the law constrains not what they believe but what they do.