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The Kim Davis/ gay marriage story is missing the main point

9/13/2015

 
 The Kim Davis story about a clerk not issuing any marriage licenses because of her religious beliefs has really taken the central questions about the Obergefell decision in the wrong direction. 

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While there have been very strong legal opinions covering whether or not the Supreme Court made the right call on the constitutionality of marriage laws, I believe their needs to be a significant discussion and legislative pushback on the action to resolve what the court called unconstitutional laws.  They have the ability to void a law, not write words into the law to make it 'constitutional.'  
The correct solution from the judicial branch to any law that is unconstitutional is to void the law and let the legislative branch rewrite the law.  Lawmakers need to know when to and how to write severability clauses to make their legislation very clear to the people and the judges. 

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It is interesting to note that she, Kim Davis, stopped issuing marriage licenses to all people, straight or same sex.  After listening and reading, I have not heard why she stopped all.  She claimed that she could not issue because of her religious beliefs.  Given that marriage licenses are a minor portion of her job and same-sex licenses even a much smaller part of her job, it would be reasonable to make simple accommodations.  
Simply, you could have another assistant clerk working there under ‘joint assistance’ of two or more elected clerks.  Once this accommodation becomes a high percentage of the job and too burdensome or costly, the voters need to consider that when voting for the clerk.      
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The Haley2024 Solution to family law
While considerable push back needs to be on the court’s reasoning of finding marriage laws unconstitutional, an entirely different type of pushback is required on the courts ‘solution’.  It is very well known through many situations, that if one branch takes the power of another branch and it goes unchallenged, it is often forever lost.  Whether or not it was a good idea to allow the judicial branch to have the last and often sole word on the constitutionality of legislation, which now has been lost.  It would be a great danger to also allow the judicial branch to ‘fix’ laws to make them constitutional.     
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