Thanks, jpsb. Bunning will say that he hasn’t ordered anyone to perform a prohibited marriage because homosexualist marredrages are now legal.
If it were true that the sections prohibiting such marredrages could be excised without affecting the who statute, then he would be right. However, there is no severability clause in this statute. If one portion is struck down then the entire law is struck down.
The clerk is right to await new legislation.
There is no such thing a "Marriage" in Kentucky right now. Section 402.005 has been voided by the courts.
He can order people to issue marriage licenses, but until there is a definition of Marriage passed by the Kentucky Legislature to replace 402.005, then the licenses are not worth the paper they are printed on.
If there is no legal definition of Marriage, then there is no such legal institution.
SCOTUS literall screwed the pooch on this one.