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To: Jedidah
I’m solidly on the Kentucky clerk’s side in refusing to be involved in same-sex marriage, but she has no power to change law.

I will ask you the same questions that many other have been asked: What Kentucky law is she changing? What laws is she violating? What law in Kentucky is on the books that permits her to issue licenses to same sex couples?

The Supreme Court cannot rewrite a law. They can declare a law unconstitutional, and make it unenforceable. But at that point, it is up to the legislature to pass a new law that can pass constitutional muster. Until then, no enforceable law exists. So Davis is actually quite right to refuse to issue any licenses until a new law specifying who qualifies for a marriage license in Kentucky, and the procedure for applying for such license. (Current law in Kentucky specifies that the female must be the one to apply for the license: wouldn't that prevent male homosexual couples from getting a license?)

31 posted on 09/08/2015 4:29:20 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative

Unfortunately cases such as you point out all too often are never resolved. There are books published about all the old, outdated laws still on the books which are routinely ignored. I have long maintained that it is impossible to be a law abiding citizen now because if you obey one law you break another by doing so in many cases. Only the hopelessly naive think it is even possible to obey the laws of man any longer. You can obey God’s law as you perceive it but you cannot obey man’s law. Even the lawyers and judges cannot comprehend all the twists and turns, maybe I should say especially the judges in light of some recent decisions.


50 posted on 09/10/2015 11:02:04 AM PDT by RipSawyer (Racism is racism, regardless of the race of the racist.)
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