which religion is being promoted? several religions oppose the lifestyle as well as people who have NO religion
church and state clause is that CONGRESS can pass no law respecting or PROHIBITING exercise of religion
modifying a document would not be doing either, it would be making its purpose and wording practical ,
there is a lot of undue hardship on someone who has done their job faithfully to provide for their family to start back at zero,,
The judicial branch has already deemed many times over that"Congress" means NO branch of government or government employee when it comes to separation of church and state. This is why so many people tried to have the government change the wording of it to Civil Union instead of marriage and leave the term marriage to the church. So basically, a government employee, (judge, clerk, justice of the peace, etc) would be authorized to sign off on a Civil Union but not a marriage, and clergy could sign off on marriages but not Civil Unions. They are the same identical thing, just two different names.
Now in the case of Mrs. Davis, this still would not help her as she would still be required to provide the signature for the Civil Union (which would violate her religious beliefs). In her specific situation, the best thing would be to create a different job or position equivalant to what she already does that would not conflict with religious issues, such as marriage. Or to state that the head clerk (Mr.s Davis) was not authorized to sign off on any marriage licenses, only regular clerks could.
But int he end, an individual has to accept that laws may change and if they do and your religion prevents you from performing it, you no longer qualify for the job and have to find a different one. Same as you or I would have to if we worked as a fireman and lost one of our legs. It sucks that we are no longer capable of doing the job, but life sucks sometimes lol
again, this presumes that the only objection to same sex is religious, which is not true,,,
and providing a signature for a civil union would not violate anything as a CIVIL union would only be for purposes of LEGAL amenities that same sex couples claim to want and would not in any way be predicated upon SEXUAL relations,,,
and there is something called being 'grandfathered' which should be used to allow those who signed on with CERTAIN expectations from their job to remain in their position with those same expectations,,