[Diamond]

Alternatively, she should point out that Kentucky really doesn’t have law on the books right now regarding gay marriage (or at least a “valid” law, following the SCOTUS decision), and they need to actually write that law so she can follow it (or not).

I do like the idea of shoving their premise back in their face by granting for the sake of argument that the marriage statute has been legitimately invalidated and is void, therefore she has no authority to issue any marriage licenses at all. But does the Supreme Soviet also have the authority to also invalidate or nullify State Constitutions?

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.
Kentucky Constitutional Amendment 1

Cruz is not out of line at all on this.

Cordially,

[brothers4thID]

I feel that Ms. Davis could really have turned this whole argument on it’s head by, instead of saying she couldn’t issue the license because of her beliefs (it’s too easy to tell her to resign), saying that she is following the letter of Kentucky law.

Absolutely no where in the Constitution does it say that the SCOTUS has the right to nullify state constitutions.