Roberta Kwall makes an excellent point. Who among us can really be confident of what drives people? Whether Kim Davis is or is not in good faith should be irrelevant. Her demand for accommodation is excessive with regard to the social costs inflicted on innocent third parties. If the costs were truly minor, we could take the risks associated with bad faith or strategic misrepresentation. (We can be quite confident that few will really emulate Davis, unlike, say, the "conscientious tax resister." The sincere resister loses only because we fear the actions of the insincere. That fear is not really present here, save, perhaps, for a legitimate fear that public officials would receive great pressure, especially if elected, to conform to local prejudices--see, eg, the politics of the death penalty in Texas, where everyone is elected).
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