Posted on 06/28/2015 4:00:10 PM PDT by Olog-hai
Texas’ conservative Republican Attorney General Ken Paxton calls the Supreme Court decision giving same-sex couples the right to marry a “lawless ruling” and says state workers can cite their religious objections in denying marriage licenses.
He warned in a statement Sunday that any clerk, justice of the peace or other administrator who declines to issue a license to a same-sex couple could face litigation or a fine.
But in the nonbinding legal opinion, Paxton says “numerous lawyers” stand ready to defend, free of charge, any public official refusing to grant one. …
(Excerpt) Read more at hosted.ap.org ...
That's Fedzilla's problem, not the states. As far as the states are concerned, if "by the States" now means "by Fedzilla," then Fedzilla can issue the licenses; they don't have to.
Excellent!
I have been thinking the same thing.
Usually, when the federal government creates legislation, it creates the means to engage the legislation. In this case, legislation has been created from the supreme (cough cough) court with no means to engage the legislation.
All that is needed to counteract this, is for the states to say ok we are no longer issuing licenses, performing civil ceremonies, etc. It is now for the federal government to do this. Oh, ooops. The legislation that was just created by the federal government through the supreme court doesn’t include all the necessary stuff for following the legislation? Too bad.
Many thanks for spotting that!
Am I correct in my post where I figured you had applied the SCOTUS’ obamacare definition of ‘state’ to the “gay marriage” decision?
And thus it would mean that same sex couples would have to go to fedzilla for their licenses?
And thus it would mean that same sex couples would have to go to fedzilla for their licenses?
All I'm saying is that is what the states' argument should be.
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2015/kp0025.pdf
Above is Paxton’s opinion.
He addresses the case where nobody wanted to issue licenses.
“It is now for the federal government to do this.”
I think the Supreme Court has the power to order anyone to do anything. The only exceptions of which I’m personally aware are the rules which prohibit the court from forcing the president, attorney general, and secretary of state to obey the constitution or honor their oath of office.
As I understand it, the SCOTUS decision just directed all states to recognize marriages which are legal in any other state. So if a same sex couple who lives in TX wants their marriage to be legal in TX, all they have to do is travel to a state where same sex marriage is legal, get married there, and return to TX. TX is required to recognize it, but TX doesn’t have to issue the license.
http://www.freerepublic.com/focus/news/3305494/posts?page=24#24
Is this post along the same lines as what you were getting at?
That’s about the only way to stem thing for a while (God won’t be stymied and it WILL get worse), have individual States tell the SCOTUS and the Feds to go pound sand.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.