“He said he wished the clerk hadn’t been arrested, but the law says she has to issue the licenses to same sex couples.
Folks, he’s right!”
Your analysis is incorrect. The USSC has ruled numerous times that state elected officials cannot be drafted to carry out federal dictates. It’s against the law because elected state officials are sovereign. This clerk cannot be forced to marry homosexuals. If the federal government wants gay marriage, it must provide the federal personnel to carry out the dictate.
This is explained in the USSC ruling in Printz v US.
This is not the first time that lower courts have defied USSC rulings and it won’t be the last.
It would seem a Constitutional expert would be aware of this.
Further, why wouldn’t a Constitutional expert submit legislation to protect the Kim Davises out there?
When responding to another comment to me, I thought of your post and the idea that it would make a good avenue for Davis’ attorney to pursue in court.
I wonder if he is aware of this seeming loophole.