C_Clayton_Jones
Diamond Member
CECILIE1200 SAID:
"Ms. Davis is adhering to the duly- and legally-passed law on the books from the CORRECT legal authorities on the subject of Kentucky marriage licenses - which is what she swore to do when she took office - and refusing to comply with a law invented out of whole cloth by a non-legislative body on a level of government that has no purview over marriage licenses whatsoever."
This in particular is ignorant and wrong.
Obergefell is the progeny of over 100 years of 14th Amendment jurisprudence prohibiting government from seeking to disadvantage a class of persons through force of law based solely on who they are. (See, e.g., Civil Rights Cases (1883))
Consequently, there is nothing 'invented' about the settled and accepted 14th Amendment jurisprudence followed by the Obergefell Court to invalidate state measures hostile to the rights of gay Americans and repugnant to the Constitution.
Moreover, that states and local jurisdictions, along with state officers and elected officials, are subject to Federal law, the Federal Constitution and its case law, and the rulings of Federal courts has been settled and accepted since the advent of the Foundation Era – from McCulloch v. Maryland (1819) to Cooper v. Aaron (1958), the original intent and understanding of the Framers as expressed and codified in Article VI that decisions of the Supreme Court are the supreme law of the land, as with 14th Amendment jurisprudence, is settled, accepted, and beyond dispute.
"Ms. Davis is adhering to the duly- and legally-passed law on the books from the CORRECT legal authorities on the subject of Kentucky marriage licenses - which is what she swore to do when she took office - and refusing to comply with a law invented out of whole cloth by a non-legislative body on a level of government that has no purview over marriage licenses whatsoever."
This in particular is ignorant and wrong.
Obergefell is the progeny of over 100 years of 14th Amendment jurisprudence prohibiting government from seeking to disadvantage a class of persons through force of law based solely on who they are. (See, e.g., Civil Rights Cases (1883))
Consequently, there is nothing 'invented' about the settled and accepted 14th Amendment jurisprudence followed by the Obergefell Court to invalidate state measures hostile to the rights of gay Americans and repugnant to the Constitution.
Moreover, that states and local jurisdictions, along with state officers and elected officials, are subject to Federal law, the Federal Constitution and its case law, and the rulings of Federal courts has been settled and accepted since the advent of the Foundation Era – from McCulloch v. Maryland (1819) to Cooper v. Aaron (1958), the original intent and understanding of the Framers as expressed and codified in Article VI that decisions of the Supreme Court are the supreme law of the land, as with 14th Amendment jurisprudence, is settled, accepted, and beyond dispute.