The Supreme Court decision did not change Kentucky law, it voided it. The LAW in Kentucky regarding marriage is that in order to get a marriage license the applicant must be two adults of the opposite sex who are not immediately blood related. The Kentucky statute that authorizes the county clerk to issue marriage licenses to anyone does not authorize her to issue a license to same sex couples. If the Supreme Court determined that the Kentucky statute was unconstitutional, then the county clerk cannot issue any marriage license at all. She isn’t. She is currently obeying the law by not issuing licenses because she currently has no authority to do so.
Your position is one that gives the Supreme Court LEGISLATIVE POWER which it does not have. Forcing this clerk to issue marriage licenses is an unconstitutional act. The court has no power to require a county clerk to violate an existing Kentucky Statute and if the statute is void, then it has no power to make up some statute that requires the state to issue marriage licenses in accordance with a void statute.
I get pretty sick and tired of people on this forum saying that this clerk needs to follow the law or quit her job. SHE’S DOING HER JOB!!!! Her job is to follow the statutory law and right now there isn’t one.
Unless and until KENTUCKY passes a law re-authorizing the issuance of marriage licenses, no clerk in Kentucky should be issuing marriage licenses to anyone.
If you disagree, then show me the currently existing statute that authorizes county clerks in Kentucky to issue marriage licenses to anyone.
The problem is not that the clerk is not following the law, THE COURTS ARE MAKING UP THE LAW. THEY HAVE NO AUTHORITY TO DO SO!!! If anyone should be quitting their jobs, it is the judges!!!!
“The LAW in Kentucky regarding marriage is that in order to get a marriage license the applicant must be two adults of the opposite sex who are not immediately blood related. “
And SCOTUS ruled that those laws are unconstitutional. Not unconstitutional, but until your state legislator gets around to rewriting it, then it’s still on the books.
Hate to break it to you, but that isnt a legitimate loophole. It never has.
When SCOTUS rules some gun law unconstitutional no one here was saying it didnt matter until the law was rewritten.
That's what I've been wondering. What IS the current law that authorizes, or requires a County Clerk to issue a marriage license in Kentucky?
I see absolutely NO BASIS for jailing Davis. There are means for redress, like.. impeachment. But, jailing? Give me a break.
The Supreme Court decision did not change Kentucky law, it voided it. The LAW in Kentucky regarding marriage is that in order to get a marriage license the applicant must be two adults of the opposite sex who are not immediately blood related. The Kentucky statute that authorizes the county clerk to issue marriage licenses to anyone does not authorize her to issue a license to same sex couples. If the Supreme Court determined that the Kentucky statute was unconstitutional, then the county clerk cannot issue any marriage license at all. She isn’t. She is currently obeying the law by not issuing licenses because she currently has no authority to do so.
Your position is one that gives the Supreme Court LEGISLATIVE POWER which it does not have. Forcing this clerk to issue marriage licenses is an unconstitutional act. The court has no power to require a county clerk to violate an existing Kentucky Statute and if the statute is void, then it has no power to make up some statute that requires the state to issue marriage licenses in accordance with a void statute.
I get pretty sick and tired of people on this forum saying that this clerk needs to follow the law or quit her job. SHE’S DOING HER JOB!!!! Her job is to follow the statutory law and right now there isn’t one.
Unless and until KENTUCKY passes a law re-authorizing the issuance of marriage licenses, no clerk in Kentucky should be issuing marriage licenses to anyone.
If you disagree, then show me the currently existing statute that authorizes county clerks in Kentucky to issue marriage licenses to anyone.
The problem is not that the clerk is not following the law, THE COURTS ARE MAKING UP THE LAW. THEY HAVE NO AUTHORITY TO DO SO!!! If anyone should be quitting their jobs, it is the judges!!!!