SCOTUS gave gay marriage “fundamental right” protection. The majority was explicit about that.
Bottom line is that this case wrongly decided — just like Roe v. Wade. It goes against our Federalist system of governance.
But the actions of a clerk aren’t going to alter that decision.
Congress either needs to grab a pair and invalidate the decision by taking away jurisdiction or something similar or the People of the United States need to amend the Constitution. At present, those are the only two viable ways out of the box Kennedy and the four leftists put us in.
“Gay marriage” is an imaginary construct.
“Gays” are free to marry (real marriage) thus the court found nothing. No one was deprived of the right to marry in the first place.
They looked away from the obvious fact that what was sought was simply not marriage. Since what they sought does not exist, the court’s decision did not cover it.
The clerk’s actions are not in conflict with the court’s decision, since she has not been provided with any process whereby she can issue a license for what has no definition under the law.
The court cannot order the state to make law.
The court needs to resolve their conflict in the nonsequitur of their decision.
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