“Meaning still no marriage licenses issued to same sex couples at least until the legislature makes a move?”
No, not necessarily.
From an AP article:
“1:15 p.m. A federal judge is warning deputy clerks in Kentucky that they must issue marriage licenses to gay couples or face fines or jail.
U.S. District Judge David Bunning already jailed Rowan County Clerk Kim Davis for refusing to comply with his order. She was led out of the courtroom by U.S. marshals on Thursday.
The judge gave the deputy clerks time to go meet with public defenders and said the hearing will resume at 1:45 p.m.”
http://www.wboc.com/story/29951827/the-latest-clerk-tells-judge-she-cant-comply-with-order
Wow, he’s going after the clerk’s deputies now?
He just threw her in jail until she either starts issuing licenses or directs her staff to start issuing them.
That justification acknowleges that her deputies act on her orders. Now he’s going to claim that he has the right to override her, assume her authority and direct her staff?
Thats a really big disconnect. And a major violation of sep of powers.
Thanks. :)
I've been perusing Kentucky law on the subject for the past several minutes. A few things pop up:
> 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. ...
> 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.
Point 1: There is no provision in State Law for a deputy clerk to issue licenses. Also: it's a "may issue" clause - not a "shall issue". Same language exists on the title of 402.080 with regard to clerks.
Point 2: Only lesbian couples can legally satisfy the requirements of the application form (requiring a female in residence of the state/county)... never mind the other state-defined prohibitions to marriage among same-sex couples, of course.