After reading some of this, I think some are forgetting that she is a elected official verses a regular employee.
Not at all. While Title VII expressly excludes elected officials, Kentucky has a state Religious Freedom Restoration Act (RFRA) which, as it does in the 20 or so other states with the same act, extends Title VII to government agencies and, among other things, requires them to exempt religious objectors from generally applicable laws (unless denying the exemption is the least restrictive means of serving a compelling government interest), and it includes both employees and elected officials within those agencies. Further, the federal RFRA (Religious Freedom Restoration Act of 1993) applies to federal court orders issued to state elected officials. And on top of that, the federal RFRA takes things a step further and goes beyond that of the states, by requiring the government must show not merely “undue hardship,” but unavoidable material harm to a “compelling government interest.” In the Supreme Court case of
City of Boerne v. Flores (1997), the court said this requirement exceeded congressional power over the states, so the states aren't compelled to adhere to that level of proof of hardship, but RFRA nevertheless remains in effect for the federal government, and to the court orders issued by it.
So with Kim Davis, you have Title VII which doesn't apply to her, but the KY RFRA which specifically extends Title VII to apply to her, and on top of that you have the federal RFRA which applies explicitly to the federal court order issued to her.
Incidentally, the Oath of Office for all members of the General Assembly, state offices and attorneys, is as follows:
"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of ——————— according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God."
The oath clearly says do the job to the best of your ability (so help me God), and if your ability will not go past what your conscience will allow, whadda ya gonna do?
I still think she should resign if she can't fulfill her basic duties. But I also think the State can accommodate her request to have her name removed from the certificates without any undue hardship. They proved that when they had new licenses at the ready on the day of the SCOTUS decision which had the terms "Bride" and "Groom" removed from the certificates.