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Kim Davis is the Kentucky clerk now-famous for illegally refusing to give marriage licenses to same-sex couples.

Edward Snowden is the government contractor now-famous for illegally revealing to the public classified activities of US and foreign intelligence services.

Both knowingly broke the law out of the basis of their moral convictions. There are other examples of this throughout history: members of the military refusing orders they believed wrong, authorities turning a blind eye to illegal activities whose prohibition they thought unjust.

Odds are very good that you either approve of what Kim Davis did and disapprove of what Edward Snowden did, or vice-versa. To most people, one is a hero defying unjust authority, while the other is either a traitor (Snowden) or an extremist undermining the Constitution on the basis of personal feelings (Davis).

Something to consider: how do we justify civil disobedience, particularly in the case of those employed by the government to do a particular job? Other than the law itself, by what standard can we measure and judge the actions of folks who break the law for reasons they believe to be morally right?

As a society, should we have a selective standard (some forms of civil disobedience are good and forgivable, others not)? If so, how can we consistently sort which forms are acceptable, and which not?

Or should we have an absolute standard? That is, should we have a certain judgment (or practical reaction, devoid of moral judgment) no matter the reasons for the civil disobedience?

It’s a very open question: leave your thoughts in comments below!

44 Comments

  • Brandon Wade, September 22, 2015 @ 1:50 pm Reply

    Civil disobedience, whatever the reason, is a public good. Not for any inherent value to the issue at hand, but because of its potential to spark the greater debate on the issue in society at large. Acts of civil disobedience give focus to concepts and ideals we may not think about consciously otherwise, and bring important issues to the societal forebrain.

  • Catherine McClelland, September 22, 2015 @ 6:22 pm Reply

    I am a conservative Christian and a straight-down-the-middle moderate when it comes to economic and government policy. While I recognize and admire the heart that each of them have (Kim Davis’s faith principles and Snowden’s convictions about federal deceit of the public), I disagree with the eventual actions each of them took based on their convictions.

    While Snowden’s exposés align nicely with the ideals of capitalism (all citizens have access to equal and perfect information) and American democracy (freedom from invasive and oppressive government), the end result was public endangerment and uncertainty. It was not a straightforward scandal that could be cleaned up with an apology and perhaps a resignation. He acted impulsively, foolishly, and without accountability, then fled to a country famous for persecuting journalists, restricting free speech, and murdering those who get in the way of the government.

    I have more to say about Kim Davis, who has been draped with comparisons to Thoreau’s "Civil Disobedience," with a key difference: Thoreau went to jail voluntarily and without complaint, and explained eloquently why he did it. Kim Davis and her supporters seem eager to jump on the I’m-being-persecuted bandwagon. Her intent and reasoning are less at fault than her methods. She’s shamelessly courted lawyers and the media, and in one video that particularly galled me, was shown at a rally after exiting prison with her fists over her head like a prizefighter who has scored a knockout.
    Has she forgotten the severe persecution of the early church–public execution by lions, drawing and quartering, hanging, torture, stoning, burning alive–which continues today in parts of the world such as North Korea? Has she not read in her bible where Peter says, "Dear friends, do not be surprised at the fiery ordeal that has come on you to test you, as though something strange were happening to you. But rejoice inasmuch as you participate in the sufferings of Christ, so that you may be overjoyed when his glory is revealed," or that she as a Christian should live above reproach (her dubious marital history suggest she has not), or that Paul never exhorted Christians to change their governments, but rather to live in accordance wherever they could, giving glory to God rather than themselves when they came under fire for it?
    Perhaps she could instead learn from the example of missionary Saeed Abedini, a U.S. citizen who is about to celebrate his third anniversary in an Iranian prison, despite global pressure for his release, and who has touched millions of lives and paid dearly for it with his years behind bars.

    Public civil disobedience based on moral convictions is not inherently good or bad. The validity of the conviction aside, a would-be Thoreau should first examine the moral context of his "firmly held belief" and follow through with an action that honours its spirit, rather than capitalizing on public controversy to make an empty clamour for attention, which may prove disastrous to himself, his cause, or the public.

  • Yuki Yamada, September 22, 2015 @ 10:09 pm Reply

    In comparing Davis’ actions to Snowden’s, we need look no further than the law (or the Constitution). Snowden wasn’t asked by the government to carry out his duties in the name of the law, under public oath, and with the approval of the Supreme Court – that we know of. The NSA’s various programs may or may not be constitutional – I guess we have yet to find out, though I suspect we will find some of them illegal – but it’s certain that Kim Davis was disobeying the law by refusing to follow a lawful, constitutional orders. Had she been asked by the County to do some illegal act, and then refused, we might be more sympathetic to her cause. Whether her morals stand in line with my own, the issue at hand was one of authority, not morality.

  • Benjamin Hitov, September 24, 2015 @ 2:50 pm Reply

    This post reminded me of an article on the Volokh Conspiracy a few weeks ago that you may enjoy: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/04/kim-davis-and-the-limits-of-disobedience/

  • Chris McAdam, September 28, 2015 @ 10:56 pm Reply

    I made this point on the FB page. We generally give much more credence to acts of disobedience to enhance rights or protect them, not to restrict someone else’s or eliminate them. The right to privacy is generally recognized, so Snowden generally gets a pass (unless it can be shown he put the country in danger; there are limits to the right to privacy, and that’s approximately where they draw the line.)

    Davis, by contrast, sought to limit the constitutionally protected rights of others. The religious argument actually has no merit; nobody is asking her religion, or anyone else’s, to recognize the civil marriages between anyone. It is unfortunate both of those institutions have the same name; it leads to conflicts like this, which are baseless.

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