“On the other hand she was elected to carry out the duties of the county clerk, one of which is to issue marriage licenses”
Yes, but the “marriage licenses” she has the official duty to issue are Kentucky marriage licenses, NOT Federal marriage licenses, and Kentucky marriage licenses do not apply to — and, therefore, it is ludicrous to issue them to — same-sex couples.
By proxy (SCOTUS) FedGov has it’s position on the subject; Kentucky remains unmoved.
I’ve got a bad feeling this thing’s going to be hammer-and-tongs down to the last man standing.
That's why I think the most effective approach here would be for states to get out of the business of issuing marriage licenses entirely.
Who the hell is anyone in a state government to insist on "licensing" a marriage, in the first place?