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Welcome to the controversy in my state....

http://www.kob.com/article/stories/S3142081.shtml?cat=500

 

So, this is what has happened, as a quick summary.  A county clerk in a county to the south, "reviewed the states constitution" and decided that it does not say anything about not being able to issue marriage certificates to gay couple.  So he started issuing them.  Then another county clerk did the same.... then another county clerk was Court ordered to issue them... and slowly but surely county clerks are following suit, saying they have also reviewed the states constitution and decided the same as the first clerk.

 

Now.... the Governor says this is a legislative issue (many others agree) and the clerks are doing this in error. 

What do you think gives a county clerk the knowledge or expertise to "review the states constitution" and make such a grave decision.

There are talks of many things regading this... ready for opinions.

Answer Question
 
amazinggrace83

Asked by amazinggrace83 at 11:11 AM on Aug. 28, 2013 in Politics & Current Events

Level 31 (50,242 Credits)
Answers (14)
  • Well I don't know about there,but our County Clerk is not just a lady working in an office,it's a position you have to run for
    I'm assuming the clerk would be a learned person who would be smart enough to read the document and understand it
    butterflyblue19

    Answer by butterflyblue19 at 11:20 AM on Aug. 28, 2013

  • It seems like a pretty bold move on the part of the county clerks. I have no problem at all with gay marriage, but there must be some official process for looking at state Constitutions. With the federal government, the issues go to the Supreme Court eventually. I don't know exactly how it works with the states, but if people start interpreting the laws as they see fit in each county, maybe in each town or city eventually with some things, it could create chaos.
    Ballad

    Answer by Ballad at 11:21 AM on Aug. 28, 2013

  • I do not think it is the clerks job or responsibility to set policy. I do not think that a clerk has the authority to make and follow through with changing policy.
    They have the right to review the constitution and if they see something that indicates the current policy might need review, it is there responsibility to submit the concern to those that do have the responsibility and the education in the law to review it and determine if changes are to be made. It does not matter what the change would involve.
    Dardenella

    Answer by Dardenella at 11:23 AM on Aug. 28, 2013

  • They have the right to review the constitution and if they see something that indicates the current policy might need review, it is there responsibility to submit the concern to those that do have the responsibility and the education in the law to review it and determine if changes are to be made. It does not matter what the change would involve.
    Answer by Dardenella 12 minutes ago

    Exactly.... This is not within their authority to just decide to change it. I am thinking there will be an injunction and alot of disappointed and hurt people.

    amazinggrace83

    Comment by amazinggrace83 (original poster) at 11:37 AM on Aug. 28, 2013

  • This is not within their authority to just decide to change it.

    Doesn't seem as if they are changing anything. There was an unspoken unwritten policy against issuance to certain people. They are no longer following the unspoken policy.

    And a judge has ruled in their favor

    feralxat

    Answer by feralxat at 12:01 PM on Aug. 28, 2013

  • That judge is the one I was talking about in a county being Court ordered to issue licenses. This is really turning into chaos.

    amazinggrace83

    Comment by amazinggrace83 (original poster) at 12:13 PM on Aug. 28, 2013

  • I didn't realize that this was national news either.

    And the Judges order stemmed from a lawsuit against the county clerk. She had originally said she would not issue them as the other clerk did, but was ordered to do so the following day as a result of said lawsuit.
    amazinggrace83

    Comment by amazinggrace83 (original poster) at 12:18 PM on Aug. 28, 2013

  • What do you think gives a county clerk the knowledge or expertise to "review the states constitution" and make such a grave decision.

    To make the decision - nothing. To review it - who says she/he needs any special knowledge or expertise? I think most of us (there are exceptions, of course) are fully capable of reading a constitution and understanding it. It's not like they're written in Latin or something. So for the clerk to read it over and say, "Hey, this is what I see, and here's what I think we should do" is fine. But to just start doing it on his/her own, I don't think she has the authority, unless it's been specifically given.
    wendythewriter

    Answer by wendythewriter at 12:42 PM on Aug. 28, 2013

  • Judge already told them to do it. The reps snoozed and they losed
    NotPanicking

    Answer by NotPanicking at 12:53 PM on Aug. 28, 2013

  • The first county clerk started before the judges order. The second county was ordered by the judge.... but the 3rd 4th and now 5th county have "interpreted" the constitution on thier own and made this decision. The only county that is under the judges order is the 2nd county.
    amazinggrace83

    Comment by amazinggrace83 (original poster) at 1:01 PM on Aug. 28, 2013

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