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Justan Olphart[_2_]

On 9/10/2015 12:04 PM, wrote:
On Thu, 10 Sep 2015 10:18:24 -0400, Justan Olphart
wrote:

On 9/10/2015 11:06 AM, wrote:

Don't go "all Harry" on me.
I have no opinion about the gay marriage. I would prefer that the
government simply get out of the marriage business altogether.
The only thing they have any business doing is a civil union and I am
not even sure what the function of that would be if they didn't make
it one with tax policy.
My only position in this case is the fact that the SCOTUS has gutted
the Kentucky law to the point that it is gibberish without additional
legislation to replace the offending text.

Offending text? "a man and a woman"

"One man and one woman" among other things like "the county where
female resides". By the time you excise all of this text without
replacing it, the power of the state to issue a license is undefined.

In fact that statute refers to who "may" issue a license, not who
"shall" so they have the power to refuse to issue any.

The whole statute is flawed and probably on purpose. I notice, nobody
has even addressed this in the media. If it ever gets to the SCOTUS, I
bet Scalia will point it out. He believes the law is what it says, not
what we wish it said.

Clinton might ask "define man" and "define woman".