an elected official is an employee of the public. The UUSC voted unanimously. The represent the people in their capacity as one branch of government. Same principle. If you can’t perform the duties of office, resign or disobey and take your chances.
I presume by "UUSC", you mean the Supreme Court of the United States. The elected official is an employee of the people of that county, yes. And I'm sure that elected official took an oath to uphold the laws of Kentucky, which state, in part:
Kentucky Revised Statutes
402.020 Other prohibited marriages.
(1) Marriage is prohibited and void:
(a) With a person who has been adjudged mentally disabled by a court of competent jurisdiction;
(b) Where there is a husband or wife living, from whom the person marrying has not been divorced;
(c) When not solemnized or contracted in the presence of an authorized person or society;
(d) Between members of the same sex;
(e) Between more than two (2) persons;
...etc.
There is no KY statute that authorizes the clerk to issue such a "marriage" license. Since when is the USSC authorized to draft and pass Kentucky Statutes? I must have missed that part.
Cordially,
Which SCOTUS decision are you referring to? In the Obergefell case, it was 5-4.