[Lurking Libertarian]

As has been pointed out by legal freepers, the current Kentucky law says that the clerk cannot hand down marriage licenses to homosexual couples. The Supreme Court struck down that law, so now there is NO LAW on the subject in the Kentucky books. That means this clerk is right to wait for the Kentucky legislature to pass a new law. Scotus has changed the law or struck down the law. Doing NOTHING is the proper response. The Supreme Court did not rewrite the law. That is a legislative function.

In 1954, Kentucky law required that schools be segregated. SCOTUS struck down that law as unconstitutional. Did that mean the schools could not be desegregated until Kentucky passed a new law? Because that's not what happened.

[xzins]

That’s only the way it worked out. What do the laws say now?

[P-Marlowe]

In 1954, Kentucky law required that schools be segregated. SCOTUS struck down that law as unconstitutional. Did that mean the schools could not be desegregated until Kentucky passed a new law? Because that's not what happened.

No, the prior law which did not require segregation was reinstated. There is no pre-existing statute that allowed homosexual marriage, so at this point in time there is no legal authority for the clerk to issue any license at all.

If there were no law previous to that then there would be no authorization for segregation and the schools would have to treat all children the same. No new statute would be necessary. That's not what happened here. The Kentuckly law authorizing county clerks to issue marriage licenses has been stuck down.

Are you ok with the judicial tyranny we are witnessing?