Looking below, it appears that the county judge/executive can issue licenses in the absence of the clerk, but not in regard to prohibited marriages. Since this has no severability clause and other Kentucky statutes do, then one is on safe ground saying that all of chapter 402 has been thrown out and that they are awaiting new legislation.
Kentucky marriage statute: Chapter 402.990(8)
“If any deputy clerk or any person other than a county clerk knowingly issues a marriage license in violation of this chapter, but not for a prohibited marriage, he shall be guilty of a Class A misdemeanor, and if he knowingly issues a license for a marriage prohibited by this chapter, he shall be guilty of a Class A misdemeanor.”
402.080
“402.080 Marriage license required — Who may issue.
No marriage shall be solemnized without a license therefor. The license shall be issued by the clerk of the county in which the female resides at the time, unless the female is eighteen (18) years of age or over or a widow, and the license is issued on her application in person or by writing signed by her, in which case it may be issued by any county clerk.”
402.240
402.240 County judge/executive to issue license in absence of clerk.
In the absence of the county clerk, or during a vacancy in the office, the county judge/executive may issue the license and, in so doing, he shall perform the duties and incur all the responsibilities of the clerk. The county judge/executive shall return a memorandum thereof to the clerk, and the memorandum shall be recorded as if the license had been issued by the clerk.
Good catch, it appear Judge Bunning ordered the assistant clerks to commit class C and A misdemeanors. Bunning should be impeached first.
“No marriage shall be solemnized without a license therefor.”
Do you happen to know what this means? To my understanding this is the reason given why clergy/pastors won’t perform a marriage without state permission, such as widows that have pensions or benefits that would be altered after a state recognized remarriage. Does it only apply to those who already act as representatives of the state or everyone or what?
Freegards
Well, 402.240 sounds like it would be applicable now.