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| Re: Kentucky County Clerk (1312371) | |||
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Re: Kentucky County Clerk |
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Posted by AlM on Sun Sep 6 08:53:32 2015, in response to Re: Kentucky County Clerk, posted by Dave on Sun Sep 6 08:27:16 2015. What important constitutional law issue is there here?Unlike Olog, most of the rest of us accept that once the Supreme Court rules, it is the law of the land. (Though if they rule just on a legislative issue, the legislature in question can overrule the decision by passing new legislation.) The Court ruled. Obergefell is as much the law of the land as Citizens United. So public officials in charge of making marriages happen are expected to make gay marriages happen too. The Supreme Court made that clear by declining to hear Davis's appeal for an exemption. Yes, there is a Kentucky state law issue as to whether a deputy clerk can issue a marriage license against the wishes of the County Clerk. If they could, the judge could release Davis from jail and the deputies could just issue licenses. It's an interesting issue, but it sure isn't very important. (One could argue that Kentucky as a whole isn't very important.) |
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