If they don’t issue any at all, then that is equal treatment under the law.
That's right. It is up to the States to take this back and if they stopped issuing all marriage licenses, then there would be a big backlash against this ruling.
From a legal standpoint, any state that had a law limiting licenses to one man and one woman no longer has any statutory authority for issuing a marriage license to anyone.
But do we think any Governor is going to take this tack?
Probably not. Nobody has courage anymore.
Walker giving up without thinking of any other route was not the reaction of a leader. Surrendering to tyranny is not acceptable.