Moral Cowardice and Civil Disobedience

The essentials of Civil Disobedience are threefold; acting from a moral belief, one violates the law, and one accepts the consequences of that violation. Gandhi's presentation of the concept of satyagraha was that moral force itself makes your case. You stand before the judge, you express your moral stand and you force him to either accede to your moral point or to punish you. If punished, you accept it, and you presume that the media and popular opinion will (perhaps not now, but in time) move to correct the injustice. Martin Luther King Jr took the same path... as Henry Thoreau had before Gandhi. This is not new, it's not rocket science. It's not hard in theory, it's only hard to do in practice, because you put your body and liberty on the line.

There are three (I've heard five... but not seen it in print) counties in California where the county clerk has decided to refuse to have the clerk's office perform same sex marriages. Now, that's against the law, and while I disagree with the act, the decision to take that stand is--presumably--a moral stand. Or should be. However, in each case, it turns out that the clerk is a moral coward.

Not one of them is actually making that stand. Instead, they've refused to have any marriages performed by the clerk's office (in those counties). They're still issuing licenses for same sex couples, as required by law. But if their action was a moral statement, then one would expect that they'd simply refuse to issue same sex couples licenses at all. No, all they're doing is refusing to perform any marriages--and thereby they avoid the legal consequences, because they're not in violation of the law. They don't have to perform marriages. They do have to issue licenses, and they do have to not discriminate in the services offered to the public.

(I'd like to reiterate; I disagree with their stance. I'm simply doing the moral calculus here. Personally, I'm delighted that same sex couples in those counties are getting marriage licenses.)

Bottom line? The clerks aren't committing real civil disobedience. They're not acting based on their moral beliefs. They're simply engaged in a gratuitous act that's most analogous to a tantrum. They're not acting in a moral and consistent way, and they're not willing to face the consequences of acting on the basis of their beliefs.

Thin, thin stuff there. Not enough moral force there to light a single candle.