How often is a decision to not grant CERT accompanied by an opinion?
It must be hiding in the penumbra somewhere..................
Roberts is FOR GAY MARRIAGE because he is .......fill in the blank.
Roberts dissented in Obergefell but there’s no way in hell that he’d overturn it now. That’s obvious when we see how he switched sides in the recent abortion restriction case to affirm an opinion that he himself had dissented from. Gorsuch & Kavanaugh are very establishment (i.e., LGBT-friendly), and likely have no stomach to overturn. It’s gonna take Barrett plus 2 new justices if/when Breyer & Sotomayor retire.
And now we have the S.Ct. decision that transgenders are protected by federal civil rights laws, although obviously that is not true. Pedophiles will be next, under the same reasoning.
As I understand it, current Kentucky law is:
402.005 Definition of marriage.As used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.Effective:July 15, 1998History:Created 1998 Ky. Acts ch. 258, sec. 4, effective July 15, 1998.
The Supreme Court may have declared said law unconstitutional, but the Supreme Court can’t legislate and so far as I know the above legislation was never replaced with Supreme Court compliant legislation.
How can Kim Davis or anyone else issue a marriage license to anyone at all when there is no underlying legal basis for the issue of said license? Can they issue a license for something that is undefined in Commonwealth law? What’s the license for if there’s no such definition?
Disappointed for Kim and her denial of her day in court.
By God’s grace and power, this gets reheard by a sane court and overturned.