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Old 09-08-2015, 07:22 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
Quote:
Originally Posted by $5 submissions View Post
It looks like this case has brought out into the open all the other sub-issues and possible solutions that might crop up in other similar cases.

It should be interesting how the KY (no pun intended) legislature navigates the 'grandfather clause' issue.

All new country clerks can't 'pull a Kim Davis' because they already know coming in what the law on marriage is. A grandfather clause should do the trick.

The only question is how narrowly tailored should it be so it survives equal protection challenges...
I'm only guessing here, but I have a feeling the KY legislature will vote to remove the county clerks' names from marriage licenses which will allow the clerk or any of their deputy clerks to issue the licenses. This way someone like Kim could simply opt out and let a deputy clerk give a gay couple a license.
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