Judge Sonia Sotomayor: "Court is Where Policy is Made"
What is the LAW in the state of Kentucky?
The Clerk is an employee of the state, not the Feds.
Does there not have to be some legislation at the state level, some written law to follow?
As SCOTUS cannot WRITE laws, but is essentially an appelate court, what is the clerk to do?
Or, pray tell, what is the SPECIFIC law that MUST be followed?
And don’t regurgitate “Gay Marriage is legal”, what is the text of the current law?
The law is that distinctions between sexes on marriage laws are null.
While she is not using as a defense, the fact is that it is not possible to legal issue a same sex marriage license in Kentucky right now. The marriage license laws need to be rewritten by the Kentucky legislature. The clerk is the only one in this entire mess that is actually obeying the law.
Judge Sonia Sotomayor: "Court is Where Policy is Made"
When Kim Davis refused to issue marriage licenses, did she break a state law or a federal law? If you think it’s a federal law, who wrote it? If it’s a state law, who wrote it?
If Kentucky has laws that conflict with the Supreme Court ruling, shouldn’t the Kentucky legislature meet to re-write those laws before people go to jail?
I’ll include some Kentucky laws in this post for your review. If these laws aren’t valid in light of the Supreme Court ruling, what do you think the current law is?
Here’s the Kentucky Law regarding marriage licenses:
402.080 Marriage license required — Who may issue.No marriage shall be solemnized without a license therefor. The license shall be issued by the clerk of the county in which the female resides at the time, unless the female is eighteen (18) years of age or over or a widow, and the license is issued on her application in person or by writing signed by her, in which case it may be issued by any county clerk.Effective: July 13, 1984
And the Kentucky Law defining marriage:
402.005 Definition of marriage.As used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.Effective: July 15, 1998
And the Kentucky Law prohibiting certain marriages:
402.020 Other prohibited marriages.(1) Marriage is prohibited and void:(a) With a person who has been adjudged mentally disabled by a court of competent jurisdiction;(b) Where there is a husband or wife living, from whom the person marrying has not been divorced;(c) When not solemnized or contracted in the presence of an authorized person or society;(d) Between members of the same sex;(e) Between more than two (2) persons; and(f) 1.Except as provided in subparagraph 3. of this paragraph, when at the time of the marriage, the person is under sixteen (16) years of age;2. Except as provided in subparagraph 3. of this paragraph, when at the time of marriage, the person is under eighteen (18) but over sixteen (16)years of age, if the marriage is without the consent of:The father or the mother of the person under eighteen (18) but over sixteen (16), if the parents are married, the parents are not legally separated, no legal guardian has been appointed for the person under eighteen (18) but over sixteen (16), and no court order has been issued granting custody of the person under eighteen (18) but over sixteen (16) to a party other than the father or mother;Both the father and the mother, if both be living and the parents are divorced or legally separated, and a court order of joint custody to the parents of the person under eighteen (18) but over sixteen (16) has been issued and is in effect;The surviving parent, if the parents were divorced or legally separated, and a court order of joint custody to the parents of the person under eighteen (18) but over sixteen (16) was issued prior to the death of either the father or mother, which order remains in effect;The custodial parent, as established by a court order which has not been superseded, where the parents are divorced or legally separated and joint custody of the person under eighteen (18) but over sixteen (16) has not been ordered; orAnother person having lawful custodial charge of the person under eighteen (18) but over sixteen (16), but3. In subparagraph 1. or 2. of this paragraph, may apply to a District Judge for permission to marry, which application may be granted, in the form of a written court order, in the discretion of the judge. There shall be a fee of five dollars ($5) for hearing each such application.(2) For purposes of this section “parent,” “father,” or “mother” means the natural parent, father, or mother of a child under eighteen (18) unless an adoption takes place pursuant to legal process, in which case the adoptive parent, father, or mother shall be considered the parent, father, or mother to the exclusion of the natural parent, father, or mother, as applicable.
Effective: July 15, 1998