Posted on 09/05/2015 9:06:21 AM PDT by P-Marlowe
The Supreme Court recently ruled that any State Statute that limits "Marriage" between (1) Man and (1) Woman is void and that States may not so limit the definition of marriage to not include homosexual couples. In effect Kentucky's definition of Marriage as being a union between (1) Man and (1) Woman has been voided and for all intents and purposes it no longer exists.
The problem is that if section 402.005 which provides the legal definition of marriage has been ruled void, then any references to the term "Marriage" (including the issuance of Marriage Licenses) no longer have a legal reference.
The statute which has been voided by the Supreme Court is as follows:
402.005 Definition of marriage.
As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 258, sec. 4, effective July 15, 1998.
If there is no working definition of the term "Marriage", then it follows that there can be no issuance of a document called a "Marriage License." After all if "Marriage" has no legal meaning then any references to a "Marriage License" would be undefinable.
At this point in time it would appear that no one in the state of Kentucky can issue a "Marriage License" to anyone legally since the term "Marriage" no longer has any legal meaning in Kentucky.
Unless and until the Legislature passes a new definition of Marriage, then nobody in Kentucky can legally get married.
Yup.
A nice, clear explication of the issue,
The Clerk follows the laws of the state of Kentucky.
If the State is in violation then imprison the Governor, not the clerk.
Would love to see the network coverage of that Perp Walk.
But first, arrest Gov.s Jerry Brown and Andrew Cuomo for support of sanctuary cities
I would imagine that SCOTUS will act by forcing other bodies to change the state laws. The KY Supreme Court will be forced by the U.S. Supreme Court to force the KY legislature to change the marriage laws to conform with the SCOTUS decision. Remember, the MA court ruling forced that MA legislature and mitt to allow homosexual marriages.
Fortunately, KY is not MA. The KY legislature could conform by not providing for any new marriage licenses. Yielding to the Feds and sodomites would be a disaster. I don’t believe that the SCOTUS decision forces states to have a marriage law.
By the way, they are going to come for that too..They did in Europe. No reason to think it will be any different here. What they did in Europe was to make the term marriage refer to any marriage and they ordered the churches to provide whatever ceremony they provide to anyone who asks for it. So it's coming to a sanctuary near you very soon...
I've seen quite a bit of that here. The "Kim Davis should quit her job" crowd doesn't bother to read the statutes that they expect her to obey. From a legal standpoint she cannot issue any marriage licenses as long as section 402.005 is considered void.
The Law and Order people need to read the law before they condemn Kim Davis for following it.
My comment: don’t worry, the Supreme Circus will get right on this and order the Kentucky State Legislature to pass a law making the definition include homos!
See, that’s the way our “democracy” works: 9 judges decide what all the laws will be and tell the elected officials how to vote, or else be jailed.
Wow! We fought a Revolution for that!
Yes, I agree.
They did destroy the institution, at least in this country.
The thing is an abomination now.
It had the votes to pass in MA, but when 75% of the electorate in Kentucky recently passed a constitutional amendment limiting the definition of marriage to prohibit homosexual marriages, I would not think that any court ordered change in the statutes is going to get enough votes to pass.
They may send in the Marines to force the legislature to pass the law or enforce a law that no longer exists and never did. At that point the people of Kentucky and the United States may have to choose sides.
How about, “With this edict I thee wed”?
I agree with your explanation.
LEt’s go one step further.
A Federal judge cannot demand that the deputy clerks issue any marriage license, as Kentucky law is very clear—only a state judge or a county clerk can issue a license. And Kim Davis has not delegated that authority to anyone else.
Ergo, the license are being issued under fraudulent means, under no authority, and completely illegally.
Nice work, P.
Your analysis is spot on.
Very appropriate picture.
Especially when you realize that most of the top Nazis in Germany were homos.
I think it is all part of the same spiritual perversion.
Read Romans 1.
I know....
But they continue to persist regardless...
In any case, it’s not really the nut of the issue.
What I find totally ironic and it came to me this morning while I was waking up, is that in Dred Scott, scotus used the 1st amendment to divine law that property rights across state lines are to be protected and since slaves were property....well...that property needs to be returned. and this led to a civil war IMO.
So after the war we wrote the 14th amendment to protect the rights of former slaves, and scotus has now used the 14th to divine law that gay couples equate to former slaves and their rights have been violated by anti-gay marriage laws in the states.
The entire thing is so ridiculous, and so ironic, that only a confined mental patient could have predicted it.
“I would imagine that SCOTUS will act by forcing other bodies to change the state laws.”
Sure. But all the changes haven’t happened yet. Till then there will be problems. Probably afterwards too.
Great job, sir.
I’ve been saying this for the last few days but no where near as well as you have!!
I’ll have to check back in a little while to see if the usual crowd shows up....the thread yesterday netted 4 zots, wonder what this one will bring?
Prayers up for you and your efforts.
There is no “right” to change the meaning of Words in a “legal” system. It destroys Reason and makes Language incoherent and meaningless.
As Wittgenstein stated, controlling words and language will control all perceptions of the masses. (That is why toxic cultures like the vulgar, homosexual Weimar Republic resulted in the glorification of Hitler). Total irrational people raised inside such a toxic culture—devoid of critical thought, like the Afghani harem boys will grow up to be-—fixated on boys, males and goats, and hating and mutilating women and girls. (It is habituation and programming of Marxist, irrational, evil ideas).
The Mind Control of all the children is “why” the Leftists have to destroy all Traditions and history (Marxism)-—so that the children raised in such an irrational culture will determine everything a child “thinks”.
Of course-—it is all controlling perceptions (emotions) for the NWO of total slavery (Fichte 1810) where the children are made so irrational (up is down, boys are girls, and “snow is black”, that they will believe whatever the sodomite Hollywood group put out on their screens and into their video games——and the Leftists will condition and program evert child into their worldview and habits very easily, if children have no meaningful interaction inside the Natural Family.
It is what the MSM and the Prussian system of mass indoctrination is set up to do——control all information and all perceptions (emotions) of the ignorant masses.
As Diana West has documented——all you “know” through history books and MSM has to be relearned for it is all a great big LIE. (She is right-—and worth reading). When your foundation is made up of lies, you can never be a critical thinker or understand Reality.
Actually she has tried. She asked the KY legislature to make it so her signature would no longer be required to issue a license and they never did it. Her religious objection is based on the fact that the KY statue requires that the elected County Clerk sign every marriage license and she does not want her name affixed to a homosexual marriage.
Her legal team is not raising the issues on this thread. They are sticking to the First Amendment issues.
My position is that even if someone else could issue the license, the license is invalid because Marriage as a state approved institution no longer exists in Kentucky (Thank you Justice Kennedy - may God have mercy on your soul).
Yep-—Rule of Man. I watched the movie on Sophie. We are almost there with a SCOTUS that threw out Natural Law (Logic and Science) for irrational tyranny and dehumanization of man (teaching children vice is “good” and “normal”-—Hitler’s Virtue system which is unconstitutional).
Well, it is supposed to be unconstitutional here-—but NOW—as Trump and Kelly said, “It now is the Law of the land”——LOL-—Nuremberg Trials would disagree with Kelly and Trump and der Fuhrer. When Law promotes vice or evil it no longer is Just (Constitutional), there is a DUTY to disobey it-—like Justice John Marshall stated.
We have a Vice System and it is the duty of elected officials and ALL JUDGES to EJECT all unjust laws immediately (ones which promote the evil, vile, purposeless use of human beings where there can be NO individual Natural Rights which only come from God which are unalienable).
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