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,
Let’s see the United States Supreme Court commandeer the Kentucky Legislature and order them to write a law... and Kentucky rightly refuse.
The lawlessness of the USSC has become an utter outrage.
You may have missed the day in class when they covered the USSC and it’s authority. And case law IS law.
Local and state laws get overturned by courts all the time. You can argue no authority, but good luck with that. In this last case, they ruled unanimously.