re: Ky. clerk jailed for refusing to issue marriage licenses to gay couples

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The Supreme Court does not write law...they can only make "rulings". Their decision is not "law".


FACT: you are wrong.

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Fact: She was elected to this office and began her term in the beginning of 2015. The rules changed AFTER she took her oath.


So does that mean elected officials do not have to follow new laws that get passed after they are elected?

I still believe if she was basing this on anything other Christianity, half the crowd supporting her would be against her.

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Did you bother to read the decent written by SCOTUS?

She is following KY law as she was sworn to do:


KY REVISED STATUES 402

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.


402.020 Other prohibited marriages.
(1) Marriage is prohibited and void:
(a) With a person who has been adjudged mentally disabled by a court of competent jurisdiction;
(b) Where there is a husband or wife living, from whom the person marrying has not been divorced;
(c) When not solemnized or contracted in the presence of an authorized person or society;
(d) Between members of the same sex;


402.045 Same-sex marriage in another jurisdiction void and unenforceable.
(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 258, sec. 1, effective July 15, 1998.

LINK


(CNSNews.com 9/3/15) - The Supreme Court can interpret law, but "you have to have enabling legislation," former Arkansas Gov. Mike Huckabee told MSNBC's "Morning Joe" on Thursday.

Huckabee has firmly sided with Rowan County Clerk Kim Davis, who has refused, on religious grounds, to issue any and all marriage licenses since the U.S. Supreme Court issued its controversial ruling creating a right to same-sex marriage.

"The only law she's following is the Kentucky law, which by constitutional amendment defines marriage as a man and a woman. The specific form that she is required to fill out for a marriage license specifically requires male and female," Huckabee said.
"Now, if the Kentucky Legislature decides that they agree with the Supreme Court and they change the laws of Kentucky, that's a whole different thing."

Huckabee noted that President Abraham Lincoln disregarded the Supreme Court's 1857 Dred Scott ruling; and President Thomas Jefferson warned against the "judicial tyranny" that would result if court rulings became law without action by the other two branches of government.

He used his own experience as governor to make the point:

"When I was governor and the state supreme court had a ruling on school finance, we didn't just start writing new checks the next day. The legislature had to come up with a new funding formula. I signed it, and then we ordered the Department of Education to send new checks.

"The Supreme Court can determine something by way of review, according Marbury v. Madison, but they can't implement it without enacting an enabling legislation.

"And I think we're getting close to what Jefferson said, when he said that if we allow the Judicial Branch just to make up law without the people's elected representatives, you turn the Constitution into a thing of wax.

"And that's why I believe its time for us to have a real clear understanding of something that we should have learned in 9th grade Civics -- that the Supreme Court is not the Supreme Branch, it's the Supreme Court. And it certainly is not the Supreme Being. It cannot overrule the laws of nature or the laws of nature's God."

"I will marry anyone to anything as long as I get off at noon on Friday!"

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Now, if the Kentucky Legislature decides that they agree with the Supreme Court and they change the laws of Kentucky, that's a whole differen

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Oh so apparently Supreme Court rulings are just suggestions?

The amount of people and politicians doubling down on stupid is astounding.

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he is following KY law as she was sworn to do:

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Troll

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She is following KY law as she was sworn to do:

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Ok George Wallace

What happened to the separation of church and state? No one is forcing her local church to marry gay people. Its a piece of paper that makes them legally married, not religiously married.

Why can't people understand the difference? Is it just the word "marriage" that people are hung up on?

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She is following KY law as she was sworn to do:

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She isnt. All of the statutes you cited were rendered invalid via the supremacy clause the second the SCOTUS opinion came out. The law in Kentucky now, and in every other state, whether anyone agrees with it, is that gays have equal rights to obtain a marriage license. So that is her job responsibility now. And she is refusing do it.

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What I care about is the US Supreme Court going around the legislative branch of government to make laws.

They should only have the right to say the law is this or that not make the laws.

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Didn't they just say laws discriminating against same-sex marriage were unconstitutional?

What law did they make from scratch?


There were laws preventing gays from marrying in some states. They said those laws are now gone.