Civil disobedience is a political tactic that has been used in some of the great liberation struggles, including the Civil Rights Movement. Civil disobedience is typically used by people on the political left. In fact, it is one of the tactics that was taught by Saul Alinsky. However, civil disobedience can also be used by someone with a right-wing agenda. One example is Kim Davis, the county clerk who was jailed for contempt of court for refusing to allow her office to issue marriage licenses. Her goal was to take a public stand against same-sex marriage. What is civil disobedience, and what does it mean when a right-winger like Kim Davis uses a tactic from Saul Alinsky's playbook? It means that the left is winning.
In civil disobedience, a person openly breaks a law or refuses to obey a
command of government and then willingly accepts the legal consequences
for his or her actions. The classical illustration was from the play
by Sophocles. King Creon had forbidden Antigone to bury her traitorous
Polyneices, who had died on the battlefield. Nevertheless, Antigone
her religious obligation to bury her brother's body. Then, she allows
to be buried alive in punishment. In other words, Antigone obeyed divine
law, then she allowed herself to be punished in accordance with man's
law. In Sophocles's
version of the story, Antigone hangs herself in the tomb and Creon is
by the death of his wife Eurydice and his son Haemon. The moral of the
story was twofold: a heroic person does what is right and then bravely
accepts the consequences,
whereas an unwise ruler can destroy his own happiness by imposing unjust
contrast, the playwright Euripides gave the story a Hollywood ending:
Antigone is saved by the god
Dionysus and marries Haemon.
The purpose of civil disobedience is to show respect for the principle of the rule of law while protesting that a particular law is unjust. An act of civil disobedience is often a crime, in that it involves breaking a law. However, civil disobedience is different from ordinary crime. Ordinary criminals generally expect to benefit in some way from breaking the law. In contrast, acts of civil disobedience serve the public, often at great cost to the person who performed the act. Criminals often carry out their offenses secretly, and they attempt to avoid punishment. In contrast, acts of civil disobedience are performed in public as political theater, and the performers willingly submit themselves for punishment.
When Kim Davis refused to issue marriage licenses for marriages that would not be recognized as valid in her church, claimed that she was acting under God's authority. However, because of the separation of church and state, as required by the First Amendment of the U.S. Constitution, government officials are not permitted to impose the rules of their religion on the public.
As a public official, Kim Davis presumably took an oath of office, in which she swore or affirmed that she would uphold the U.S. Constitution and the constitution of the state of Kentucky. As a member of the executive branch of government, she must carry out (execute) the laws that were passed by the legislature and signed into law by the chief executive, unless those laws have been overturned by the judicial branch of government as unconstitutional.
Under Kentucky state law, marriage licenses are issued by the county clerk's office. However, Kim Davis decided that her office would not issue any marriage licenses to gay couples. In an attempt to get around the Equal Protection Clause, she declared that her office would stop issuing marriage licenses to any couples, gay or straight. In response, four couples brought a federal lawsuit (Miller v Davis). A federal judge then ordered Davis to issue marriage licenses. The appeals court and the Supreme Court refused to issue a stay of that order. When Davis still refused to allow anyone in her office to issue marriage licenses, the judge then ordered Davis to be jailed for contempt of court. Davis then spent five nights in jail.
Davis had clearly performed an act of civil disobedience. She disobeyed the law as interpreted by the Supreme Court, and she even disobeyed a federal court order. She claimed that she was acting under God's authority. Then, she allowed herself to be jailed. She was released after the deputy clerks issued marriage licenses to the plaintiffs. Because of this act of civil disobedience, some right-wing commentators have compared her to the Rev. Dr. Martin Luther King, Jr. Yet King was standing up for extending basic human rights to all Americans, while Davis refused a court order to treat everyone fairly.
Now that there is such broad acceptance of same-sex marriage, many Americans feel that it was cruel and unfair for Davis to refuse to issue marriage licenses to gay couples. An opinion poll showed that 56% of Americans approved of the judge's decision to send her to jail. Even most of the Republicans respondents felt that Davis should resign her post as county clerk.
An act of civil disobedience is a way to assert moral superiority. Thus, for an act of civil disobedience to be effective as political theater, it must be performed by someone whom the public respects as a teacher of righteousness. Otherwise, it is farce, not tragedy. Davis claims that gay marriage is against her Christian religion. However, many commentators have argued that Davis is a hypocrite. In the New Testament, Christ never mentions homosexuality but specifically condemns hypocrisy and divorce. Davis is currently in her fourth marriage, her first three having ended in divorce. She also bore two children out of wedlock.
It is unusual to see someone with right-wing politics use civil disobedience. The reason is simple. The people on the right are usually taking the side of the people who have the power to make or change the law. The concept of left-wing and right-wing arose during the French Revolution. In the National Assembly of 1789, the king's supporters sat to the President's right and the supporters of the revolution sat to his left. Thus, leftists support common people and stand up for the underdog. In contrast, rightists are either powerful people or those who serve the powerful. Powerful people can use their power to shape the law to serve their interests. Thus, they have no need to use civil disobedience. In fact, it would serve their interests to discourage anyone from performing civil disobedience. For that reason, civil disobedience has traditionally been used by people on the political left, to encourage the public to demand change.
Kim Davis is now a household name, but Sister Megan Rice is not. Sister Megan Rice is a Roman Catholic nun, a Religious Sister of the Society of the Holy Child Jesus. She is also a member of the Plowshares movement, which is a Christian movement against nuclear weapons. It was founded by Daniel and Phillip Berrigan and six others (the Plowshares Eight). Their name was inspired by a verse from the book of Isaiah in the Bible:
They shall beat their swords into plowshares, and their spears into pruning hooks: nation shall not lift up sword against nation, neither shall they learn war any more.Sister Megan has been arrested more than three dozen times and jailed three times for acts of civil disobedience to protest nuclear weaponry.