Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: markomalley

I think it was Huckabee that posted on Facebook - there is no law in Kentucky that allows for marriage between same sex couples. The Court’s ruling didn’t make a new law, it can’t. Only congress can do that.

AND - the Constitution of Kentucky says it’s between a man and a woman.

Does the Supreme Court have the authority to invalidate a state constitution?


51 posted on 09/02/2015 9:34:58 PM PDT by porter_knorr
[ Post Reply | Private Reply | To 1 | View Replies ]


To: porter_knorr
Does the Supreme Court have the authority to invalidate a state constitution?

THAT is a great question!

And does the Kentucky Governor have the authority to order a County Clerk

a) to violate the Kentucky Constitution?

b) to violate her oath to uphold the Kentucky Constitution?

Cordially,

82 posted on 09/03/2015 6:16:50 AM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
[ Post Reply | Private Reply | To 51 | View Replies ]

To: porter_knorr
Does the Supreme Court have the authority to invalidate a state constitution?

Yes, under the Supremacy Clause, the federal Constitution trumps "anything in the Constitution or Laws of any State." Brown v. Board of Education, for example, invalidated several state constitutions which required school segregation.

95 posted on 09/03/2015 8:20:30 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 51 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson