KY County Clerk Refusing To Issue Marriage Licenses Taking Complaint To SCOTUS

[GEMINIGUY]

But, Judges DO have the power to declare a law unConstitutional.

[thetaxmancometh]

Correct, but that isn't what happened here. The law isn't unconstitutional. Even if a judge declares a law unconstitutional, that only means that the law is no longer in effect and is given back to the legislature to fix or repeal it.

[Piper-Dreams]

Correct, but that isn't what happened here. The law isn't unconstitutional. Even if a judge declares a law unconstitutional, that only means that the law is no longer in effect and is given back to the legislature to fix or repeal it.

Of course the law was unconstitutional. That is exactly the reasoning the justices used when they struck it down. Legislatures can fix laws based on how the rulings go. It's pretty hard to argue for new same sex marriage bans when the ruling stated that gays have a constitutional right to marriage. I don't know exactly what they could do to fix them in order to get around that.

[Piper-Dreams]

A judge has broad powers, but they do not have the power to make law. If the law says that she has to sign the document for it to be legal then she has to sign it in order for it to be legal. They can't decide that it is ok for a judge or her assistants or the governor to sign it.... they can determine wheither or not a law is followed/broken, they can't make up new laws.

He isn't making up new laws. In no where did he say that the documents would be legal if she didn't sign them. He even cautioned in his ruling that it was a risk couples would have to take. The judge does have the right to order the clerk to comply with the current law though.

[Piper-Dreams]

Seems she is still at it. The 6th circuit denied yes another appeal of hers. I wonder how long she is going to take this? I also wouldn't be surprised if voters in her county get tired of her antics and vote her out in the next election.

[MissBarbara]

Seems she is still at it. The 6th circuit denied yes another appeal of hers. I wonder how long she is going to take this? I also wouldn't be surprised if voters in her county get tired of her antics and vote her out in the next election.

From what I've read, it seems the majority of the voters in that county support her, her actions, and her cause. They're her primary supporters.

I do take a perverse glee in the fact that whoever's supporting her and paying all of her fees which, by this point, must be substantial, is pouring hundreds of thousands of dollars down the drain.

[Piper-Dreams]

Seems she is still at it. The 6th circuit denied yes another appeal of hers. I wonder how long she is going to take this? I also wouldn't be surprised if voters in her county get tired of her antics and vote her out in the next election.

From what I've read, it seems the majority of the voters in that county support her, her actions, and her cause. They're her primary supporters.

I do take a perverse glee in the fact that whoever's supporting her and paying all of her fees which, by this point, must be substantial, is pouring hundreds of thousands of dollars down the drain.

So she says anyway. Who knows how true that is, or even how they will feel about her in 3 years if she constantly makes herself out to be an ass. I always wonder if people that fund stuff like this really are deluded enough to think they will win.

[Elizabeth]

You mean like PETA for example?
Just to name one.
 
Love,
Liz

[Piper-Dreams]

You mean like PETA for example?
Just to name one.
 
Love,
Liz

  Yes, just like them. No Court is going to rule in her favor, and they aren't going to roll back rights. It seems like a exercise in futility.

[MissBarbara]

Seems she is still at it. The 6th circuit denied yes another appeal of hers. I wonder how long she is going to take this? I also wouldn't be surprised if voters in her county get tired of her antics and vote her out in the next election.

From what I've read, it seems the majority of the voters in that county support her, her actions, and her cause. They're her primary supporters.

I do take a perverse glee in the fact that whoever's supporting her and paying all of her fees which, by this point, must be substantial, is pouring hundreds of thousands of dollars down the drain.

So she says anyway. Who knows how true that is, or even how they will feel about her in 3 years if she constantly makes herself out to be an ass. I always wonder if people that fund stuff like this really are deluded enough to think they will win.

Though Kentucky has a Democratic governor and Democratic-controlled legislature, that particular county is very right-wing, including a strong influence of right-wing Christians.

But you're right: even they will likely grow tired of her shenanigans.

I'm not sure people who fund things like this think they'll win as much as they think they're making a point. The fact that they've lost every step of the way, and continue to lose, doesn't seem to have dissuaded them.

[Piper-Dreams]

That might just be the case really. Although, there are solid amount who think they can gay the marriage bans back. Either thought the coming backlash they predict or by a future more conservative Supreme Court reversing the decision. There seems to be a disconnect with them that makes them think Americans are more religious than they really are.

[Piper-Dreams]

That might just be the case really. Although, there are solid amount who think they can gay the marriage bans back. Either thought the coming backlash they predict or by a future more conservative Supreme Court reversing the decision. There seems to be a disconnect with them that makes them think Americans are more religious than they really are.

OK, this is going to sound bad and I don't know how else to state it without it sounding bad.

It's not that anyone believes Americans are more religious, they believe that Americans are homophobic.  As much as the USA has changed the last few years, the older generations still have a lot of the same beliefs that they were grown up around. And part of these is homophobia. I was raised that being gay was wrong and gay people were almost a lower class of people not to be trusted. Same for pretty much anyone that was not Caucasian. It took a lot of growing up for myself to understand that my dad was not correct and to change a mindset that had been a norm for many years. My wife was raised the same way as were most of my friends.  Wife and I are in our 40's and this was how we were raised. Do you really believe that there are not a whole bunch more out there that don't want to change this mindset?   

Trust me Coach, there are a good number of Christians that believe most Americans are religious. They live very sheltered existences and they think that most Americans have the same experiences in life as they do. As for your question, I think that many people in this Country struggle with that. It's harder on older generations who grew up with the idea that being gay is something to be ashamed of. Even when I went to school it was just beginning to become more accepted.

[MissBarbara]

That might just be the case really. Although, there are solid amount who think they can gay the marriage bans back. Either thought the coming backlash they predict or by a future more conservative Supreme Court reversing the decision. There seems to be a disconnect with them that makes them think Americans are more religious than they really are.

OK, this is going to sound bad and I don't know how else to state it without it sounding bad.

It's not that anyone believes Americans are more religious, they believe that Americans are homophobic.  As much as the USA has changed the last few years, the older generations still have a lot of the same beliefs that they were grown up around. And part of these is homophobia. I was raised that being gay was wrong and gay people were almost a lower class of people not to be trusted. Same for pretty much anyone that was not Caucasian. It took a lot of growing up for myself to understand that my dad was not correct and to change a mindset that had been a norm for many years. My wife was raised the same way as were most of my friends.  Wife and I are in our 40's and this was how we were raised. Do you really believe that there are not a whole bunch more out there that don't want to change this mindset?   

That doesn't sound bad at all! I think that's a great and very germane point, and you stated it very well.

"Homophobic" is an-oft used but incredibly imprecise word, to the point today where it doesn't have a lot of meaning. Is someone who has a visceral distaste for homosexuals homophobic? Not necessarily, in my opinion. Is someone who was raised, most likely via religious beliefs, to believe that homosexuality is wrong or a sin homophobic? Maybe, maybe not. I think the thought of two men having sex is kinda icky. Am I homophobic? That's for others to decide. Is someone who campaigns against homosexuals and homosexual rights homophobic? Yeah, they are.

I commend you for your struggle to overcome instilled prejudices -- and, more important, for speaking about this openly here. To my mind, posts like yours do much more benefit than advocacy posts, or condemnatory posts.

Fortunately, the tide has greatly turned in the past 5-10 years, climaxing with that Supreme Court decision. I think the majority of Americans take a live and let live approach, and don't think that homosexual rights, most notably, the right to marry a same-sex partner, isn't really a big deal anymore. As you put it, people like that clerk are part of a diminishing minority. They get a lot of press, and they create firestorms of support and criticism on social media, but otherwise, their numbers are dwindling, along with their power to effect negative change on this issue.

Again, great post!

[xsnaggle]

I just wonder how many gay couples are going to want to get married there just so they can tell their friends that there marraige is rcorded in KY?

[Athos_131]

Kentucky Must Pay $224,000 After Dispute Over Same-Sex Marriage Licenses

#Resist