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KENTUCKY HAS NO DEFINITION OF MARRIAGE RIGHT NOW
Free Republic | 9/5/15 | P-Marlowe

Posted on 09/05/2015 9:06:21 AM PDT by P-Marlowe

The Supreme Court recently ruled that any State Statute that limits "Marriage" between (1) Man and (1) Woman is void and that States may not so limit the definition of marriage to not include homosexual couples. In effect Kentucky's definition of Marriage as being a union between (1) Man and (1) Woman has been voided and for all intents and purposes it no longer exists.

The problem is that if section 402.005 which provides the legal definition of marriage has been ruled void, then any references to the term "Marriage" (including the issuance of Marriage Licenses) no longer have a legal reference.

The statute which has been voided by the Supreme Court is as follows:

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

History: Created 1998 Ky. Acts ch. 258, sec. 4, effective July 15, 1998.

If there is no working definition of the term "Marriage", then it follows that there can be no issuance of a document called a "Marriage License." After all if "Marriage" has no legal meaning then any references to a "Marriage License" would be undefinable.

At this point in time it would appear that no one in the state of Kentucky can issue a "Marriage License" to anyone legally since the term "Marriage" no longer has any legal meaning in Kentucky.

Unless and until the Legislature passes a new definition of Marriage, then nobody in Kentucky can legally get married.


TOPICS: Constitution/Conservatism; Extended News; FReeper Editorial; News/Current Events
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My thoughts. Your comments?
1 posted on 09/05/2015 9:06:21 AM PDT by P-Marlowe
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To: xzins; wagglebee; Jim Robinson

Ping


2 posted on 09/05/2015 9:06:59 AM PDT by P-Marlowe (Tagline pending.)
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To: P-Marlowe

True. But we are supposed to submit to the left and pretend there are?


3 posted on 09/05/2015 9:11:42 AM PDT by nickcarraway
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To: P-Marlowe
Fight the left wing establishment! power fist photo: Fist Fist.png Power to the American People.
4 posted on 09/05/2015 9:12:35 AM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: nickcarraway

Resistance to Tyrants is obedience to God.


5 posted on 09/05/2015 9:12:38 AM PDT by P-Marlowe (Tagline pending.)
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To: P-Marlowe

Marriage no longer has a definition.

It is corrupted word hollowed out by a corrupt country.


6 posted on 09/05/2015 9:13:04 AM PDT by chris37 (Heartless)
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To: P-Marlowe

My dog is married to your parrot?


7 posted on 09/05/2015 9:16:38 AM PDT by Cicero (Marcus Tullius)
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To: P-Marlowe

Kim Davis is the only one following the law. The Supremes ruling only voids KY marriage law; the Left doesn’t want you to know that the SCOTUS didn’t or can’t replace KY law, so there’s a void.

So there is no marriage law in KY because there is no definition of marriage. This case is bigger than the definition of marriage. It is really about the definition of the Supreme court’s power. She is not only fighting against the sodomites, she is fighting against a more wicked power- the usurping federal government.


8 posted on 09/05/2015 9:18:54 AM PDT by grumpygresh (We don't have Democrats and Republicans, we have the Faustian uni-party)
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To: P-Marlowe; Jim Robinson

This makes perfect sense to me, and it probably has application to other states whose law are written in similar fashion to Kentucky’s law.

If my schedule works, I’ll be at the Carter County Jail on Tuesday protesting the religious imprisonment of Kim Davis.

A start on a sign might be: The Supreme Court Struck down KY’s marriage law. No marriages can be conducted in KY.

That’s too wordy. I’d like to work it down to something more catchy. Something like “Sore Loserman” would be great.


9 posted on 09/05/2015 9:19:40 AM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their Victory!)
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To: P-Marlowe

By the same token, if a man and a woman were previously married and the definition of marriage was changed, are they still married?


10 posted on 09/05/2015 9:20:07 AM PDT by babygene (I'm one of the 9.4 million War Heroes that served during the Vietnam war..../s)
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To: P-Marlowe

Agreed, and Kentucky isn’t the only state affected. Furthermore, if there is no legal reference for marriage, is divorce, dissolution or annulment of a “marriage” possible?


11 posted on 09/05/2015 9:22:19 AM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: P-Marlowe

The Constitution of the United States of America does not empower the federal government to define marriage. Under the 10th Amendment, that power is reserved to the people and to the States.

The USSC is so full of themselves that they think they are above the Constitution rather than under it.

REVOLUTION!


12 posted on 09/05/2015 9:22:27 AM PDT by savedbygrace (But God!)
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To: P-Marlowe

It begs the question as to why the state has any interest in marriage in the first place. If the ruling of the supremes is carefully followed. There should be no benefits to being married, including those offered by the IRS, the protections of spousal testimony, or division of property at dissolution.
In other words, trial attorneys could stand to loose millions.


13 posted on 09/05/2015 9:26:08 AM PDT by Steamburg (Other people's money is the only language a politician respects)
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To: chris37
Marriage no longer has a definition.

How can you get a license for something that no longer exists?

What the Supreme Court did was not simply redefine marriage, but they effectively ended the institution by declaring that the laws in all 50 states which defined it were void.

The SCOTUS thinks it can just issue an Opinion and the rest of the planet has to fall in line.

What they did here was to destroy the institution of marriage altogether.

Kim Davis cannot issue a Marriage License because Marriage no longer has any meaning in Kentucky or most of the other states.

He incarceration for not doing the impossible is unprecedented in the history of the Republic.

THIS TYRANNY MUST NOT STAND!

14 posted on 09/05/2015 9:26:41 AM PDT by P-Marlowe (Tagline pending.)
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To: Steamburg; xzins
In other words, trial attorneys could stand to loose millions.

Watch it. Them's fightin words.

15 posted on 09/05/2015 9:27:46 AM PDT by P-Marlowe (Tagline pending.)
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To: Cicero

keyboard spew alert


16 posted on 09/05/2015 9:28:45 AM PDT by SteveH
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To: P-Marlowe
Holy matrimony in a church should still be OK. People are married in the eyes of God rather than in the eyes of the state. They're also united in Holy Matrimony rather than in a simple marriage ceremony.

BTW, there's no such thing as homo "marriage." They're just demanding their "right" to pretend their kinky, twisted form of sex means more than just a kinky, twisted form of sex.
It's OK to laugh at homoes who are playing house. They know as well as we do their little game isn't the real thing.


17 posted on 09/05/2015 9:29:28 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: P-Marlowe

yeah...I have tried that argument...

The law and order people with blinders on don’t seem to get it....


18 posted on 09/05/2015 9:30:33 AM PDT by Cold Heat (For Rent....call 1-555-tagline)
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To: KrisKrinkle
Agreed, and Kentucky isn’t the only state affected. Furthermore, if there is no legal reference for marriage, is divorce, dissolution or annulment of a “marriage” possible?

If there is no longer a reference definition of marriage, then there could be no reference for divorce. The courts would have no standing to do anything other than maybe intervene in child custody disputes.

The SCOTUS really screwed the pooch with this decision. They did not consider the implications of their political decision before foisting upon an unsuspecting electorate.

Or maybe the destruction of the entire institution of marriage was their goal all along. In that case, they succeeded beyond their wildest dreams.

19 posted on 09/05/2015 9:31:22 AM PDT by P-Marlowe (Tagline pending.)
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To: babygene

Good observation.

All government marriage licenses are null and void, nunc pro tunc.

Only religious marriages can be recognized.


20 posted on 09/05/2015 9:31:24 AM PDT by reagandemocrat
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