I mention race because, as you know, many states had laws prohibiting marriage based on race. That is, until SCOTUS invalidated all such prohibitions across the country in 1967.
However, some states failed to repeal or rewrite their statutory prohibitions in a timely manner after that 1967 decision.
Alabama did not repeal their law until 2000. Is it your position that every single marriage performed in Alabama between 1968 and 2000 is null & void/illegally done because SCOTUS voided marriage laws as they relate to prohibitions against interracial marriage?
Again, please contact Davis's attorneys with your legal theory. They will be thrilled to hear from you.
Legality?
Using your logic there have not really been 50 MILLION murders committed under the guise of the euphemism known as abortion.
Is a thing right because it is legal?
The nature of humans requires opposite genders for humanity to survive.
Comparing homosexual unions to bans on interracial marriage is nonsense. Interracial marriages produce offspring, homosexual unions can not.
Moreover, the Supreme Court has no authority to declare that same-sex couples may exercise the fundamental right to marry in all States nor is there any such fundamental right
What is being said is that a clerk would have the authority to not issue licenses based on the legislature not rewriting the law....provided there was no savings clause.
As a matter of fact, I think in the case of homosexualist marriage, the Alabama Supreme Court has said exactly that, and Judge Moore recused himself from the ruling. You do remember that, don't you?
That said, you put up liberal straw men. I'm hoping it's so you can now argue with a liberal someplace who throws this stuff at you.
It wouldn't necessarily even have been a racist motive to wait for the new law. There could have been many benefits accruing to being married under the new law.