O/T — An Elected Government Official Must Obey Governor’s Lawful Orders — And The US Supreme Court. Full Stop.

UPDATED: 09.04.2015 @ 2 PM EDT: As we indicated overnight, in comments — per the Gray Lady’s account:

“. . .With clasped hands and tight smiles, James Yates, 41, and William Smith, 33, made their way through a dense thicket of reporters and photographers and stood before an employee of the clerk’s office to request a license — a routine clerical act turned into a national spectacle.

Mr. Smith said he and Mr. Yates, who live here in this small Appalachian city, had tried to obtain a license several times, but were denied each time. They spoke softly as they conducted their business with Deputy Clerk Brian Mason, their voices barely audible in the din. . . .

He and Mr. Yates could have gone to another county for a license, but “this is where we live,” Mr. Smith said. “This is where we pay taxes. This is our home. . . .”

Love wins — and the above makes it. . . obvious. Basic human dignity, now prevails. End updated portion.

I mention this largely in passing, since we have covered the emergence of the fundamental right of people to marry whomever they love, for some time here, now.

I must say that I think this Kentucky clerk has received extemely poor legal advice from Liberty Counsel. There is no plausible reading of the existing law that would allow an elected official to choose which laws she will obey, and which she will not. Here her choices are plain: issue marriage licenses to all (as she had previously sworn to so do), or resign her office. There is simply no fundamental right to “be an elected official” — it is a privilege — a privilege that remains contingent upon obeying the law of the land — and discharging the lawful duties of office. Marriage equality is now clearly the law of the land.

I am genuinely sorry she is now in a federal jail-cell (likely believing, in error, that she is somehow being persecuted for her religious views) — but it is largely the poor legal advice of Libery Counsel that has landed her there, in my opinion. Liberty ought to admit that no good faith extension of existing law would support the position they’ve backed her in taking.

Onward — and I do trust now that love will prevail.



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