“The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States. It follows that the Court also must hold - and it now does hold - that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.” - Obergefell
Here is the error:
“The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States.”
This goes too far. This commandeers the legislative process of the States. The federal government has no say in marriage laws, laws which have always been within the purview of the States. No court, least of all the USSC, has the authority to legislate.
There may be a legitimate Art IV basis for the USSC declaration that “there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character”, although I am not convinced. This would strike Ky. Rev. Stat. 402.045 Same-sex marriage in another jurisdiction void and unenforceable, but it does not touch other provisions of Kentucky’s marriage statutes.
Kentucky can not be forced to issue marriage licenses contrary to its laws, or to have it’s laws written for them by the federal Supreme Court.
[[This goes too far. This commandeers the legislative process of the States.]]
I’m certainly no legal scholar- But it seems to me that it’s still just an opinion by the court (There is no actual fundamental ‘right’ for gay people to be married, ay more than there is a ‘fundamental right’ for pedophiles to marry underage kids)- and it seems that it’s the federal government that has taken the opinion and is enforcing it as law (without ever having gone through the legal means of law creation, ie congress)
[[The federal government has no say in marriage laws, laws which have always been within the purview of the States.]]
If true, then they are the ones illegally enforcing a fictitious law they created