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View Diary: Oral Argument in PA Same-Sex Marriage License Leaves Big Questions Unanswered (27 comments)

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  •  Same situation (1+ / 0-)
    Recommended by:
    lostboyjim

    And in that case, the clerk lost. Lockyer (2004):

    As these various examples demonstrate, although the present proceeding may be viewed by some as presenting primarily a question of the substantive legal rights of same-sex couples, in actuality the legal issue before us implicates the interest of all individuals in ensuring that public officials execute their official duties in a manner that respects the limits of the authority granted to them as officeholders. In short, the legal question at issue — the scope of the authority entrusted to our public officials — involves the determination of a fundamental question that lies at the heart of our political system: the role of the rule of law in a society that justly prides itself on being "a government of laws, and not of men" (or women).

    As indicated above, that issue — phrased in the narrow terms presented by this case — is whether a local executive official, charged with the ministerial duty of enforcing a statute, has the authority to disregard the terms of the statute in the absence of a judicial determination that it is unconstitutional, based solely upon the official's opinion that the governing statute is unconstitutional. As we shall see, it is well established, both in California and elsewhere, that — subject to a few narrow exceptions that clearly are inapplicable here — a local executive official does not possess such authority....

    •  Thanks for the the detail (0+ / 0-)

      Is the fact that the Attorney General refusing to act make a difference here?  Or this is the exact same issue, but the state has been a bit reticent to act because there is no real anti-marriage political will.

      Minority rights should never be subject to majority vote.

      by lostboyjim on Sat Sep 07, 2013 at 08:58:56 AM PDT

      [ Parent ]

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