Thursday, October 8, 2015

Is Obergefell the "Law of the Land"

A lot of folks are saying that the Supreme Court Obergefell decision made same-sex marriage " the law of the land". A reminder is in order here, the Supreme Court does not "make law". The actual holding in the Obergefell case said "The Court, in this decision holds same sex couples may exercise the fundamemtal right to marry in all states." There are no Federal marriage laws and unless and until individual state legislatures change their state laws, county clerks who issue licenses contrary to the existing laws are actually violating the law. County Clerks are generally elected by the people and controlled by state legislatures... They are not beholden to Governors or judges. Truth is "the law of the land" relative to this issue is in limbo and if county clerks exercise their "fundamental rights", the litigation of same sex marriage is far from over.

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