SCOTUS struck down laws that restricted gay marriage because they were allegedly incompatible with the 14th Amendment. I disagree with that interpretation, however, as of today, it is the law of the land.
The options to override the SCOTUS decision are limited to a constitutional amendment or an act of Congress. Clerks can not override this or any SCOTUS decision ad hoc.
For your statement to hold true, there must be a law, not just a ruling invalidating law.
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!!!!
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The SCOTUS failed to identify any provision of the 14th amendment, or any other part of the constitution, that permits it to redefine marriage from its ancient definition.
Thus their ruling is a nonsequitur.
A nonsequitur is, by nature, unenforceable, and uninterpretable.
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