In June 2015 the Supreme Court ruled in Obergefeld v. Hodges that gay marriage is the law of the land. All Attorney’s Generals, Governors, Judges, clerks, etc, must now issue marriage licenses to gay couples. Those that refuse due to religious conviction are said to be breaking the law. That simply isn’t true.
The Supreme Court issues opinions on laws passed to ensure their constitutionality. Obergefeld v Hodges was not a law passed in Ohio or by Congress. Justice Anthony Kennedy simply used judicial fiat to overturn 31 state constitutions. The Supreme Court’s opinion is meaningless, regardless how many Kim Davis’ they put into federal prison. The basic law of all states is their constitution that the people vote on. In Georgia the sovereign self-governing citizens of Georgia voted to make marriage between one man and one woman. That is law. Ms. Davis is actually following Kentucky law when she refuses to issue gay marriage licenses, because the sovereign self-governing citizens of Kentucky voted the same and Georgians.
All states have imposed a duty via. statute to issue marriage licenses to hetero and bi-racial couples. Government workers must issue these licenses. But, the state has not imposed a duty to issue a marriage license to first cousins, mother-and-son, father-and-daughter, a woman and her favorite cat, gay couples, etc. State legislatures must impose the duty to issue gay marriage licenses with statute, but they can’t do it until the people of that state vote and change their constitutions. Otherwise they all would be violating the law.
The only people violating Georgia Law is the Governor, Attorney General, all Judges and clerks that acquiesced to the Supreme Courts decision and are issuing gay marriage licenses in violation of the Georgia Constitution.
Bill, Suwanee, GA