[P-Marlowe]

The Supreme Court decision did not change Kentucky law, it voided it. The LAW in Kentucky regarding marriage is that in order to get a marriage license the applicant must be two adults of the opposite sex who are not immediately blood related. The Kentucky statute that authorizes the county clerk to issue marriage licenses to anyone does not authorize her to issue a license to same sex couples. If the Supreme Court determined that the Kentucky statute was unconstitutional, then the county clerk cannot issue any marriage license at all. She isn’t. She is currently obeying the law by not issuing licenses because she currently has no authority to do so.

Your position is one that gives the Supreme Court LEGISLATIVE POWER which it does not have. Forcing this clerk to issue marriage licenses is an unconstitutional act. The court has no power to require a county clerk to violate an existing Kentucky Statute and if the statute is void, then it has no power to make up some statute that requires the state to issue marriage licenses in accordance with a void statute.

I get pretty sick and tired of people on this forum saying that this clerk needs to follow the law or quit her job. SHE’S DOING HER JOB!!!! Her job is to follow the statutory law and right now there isn’t one.

Unless and until KENTUCKY passes a law re-authorizing the issuance of marriage licenses, no clerk in Kentucky should be issuing marriage licenses to anyone.

If you disagree, then show me the currently existing statute that authorizes county clerks in Kentucky to issue marriage licenses to anyone.

The problem is not that the clerk is not following the law, THE COURTS ARE MAKING UP THE LAW. THEY HAVE NO AUTHORITY TO DO SO!!! If anyone should be quitting their jobs, it is the judges!!!!

[SoothingDave]

Did they really void the entire statute in KY that deals with marriage licenses? Do you have something that shows this?

[Hugin]

The Kentucky statute that authorizes the county clerk to issue marriage licenses to anyone does not authorize her to issue a license to same sex couples. If the Supreme Court determined that the Kentucky statute was unconstitutional, then the county clerk cannot issue any marriage license at all. She isn’t. She is currently obeying the law by not issuing licenses because she currently has no authority to do so.

Then why even bring up a religious liberty argument? I get the feeling she originally decided not to issue due to religious objections, and her lawyer came up with that argument after the fact.

[jpsb]

Thank you for explaining that I have grown tired of explaining again and again. I think I’ll just cut and paste your excellent explanation from now on.

[trisham]

Well said.

[babygene]

“She is currently obeying the law by not issuing licenses because she currently has no authority to do so.”

I have said the same thing, maybe not as eloquently as you just did.

Sooo, this then falls on the AG of Kentucky to make that determination. This should have been her argument in court instead of just flipping off the judge.

[pollywog]

The problem is not that the clerk is not following the law, THE COURTS ARE MAKING UP THE LAW. THEY HAVE NO AUTHORITY TO DO SO!!! If anyone should be quitting their jobs, it is the judges!!!!

BINGO!!!!!!!!!!!!!!!!!!