Fair enough, but going forward does everyone in this County have to go through the courts in the future to have their marriage secured? And what happens with the next Kim Davis is in some other agency, probate, the agency that deals with child custody, or a hospital, and says “no valid marriage” so you 1) can’t visit your spouse in the hospital; 2) we can’t transfer the deed from your deceased spouse; 3) no joint custody of your kids, etc.
Are you seriously arguing that relying on some court in the future to “save” a marriage is Equal Protection of the law? Paul Finkelman Senior Fellow, University of Pennsylvania Program on Democracy, Citizenship, and Constitutionalism 518-439-7296 (w) 518-605-0296 (c) paul.finkel...@yahoo.com<mailto:paul.finkel...@yahoo.com> www.paulfinkelman.com<http://www.paulfinkelman.com/> From: conlawprof-boun...@lists.ucla.edu<mailto:conlawprof-boun...@lists.ucla.edu> [mailto:conlawprof-boun...@lists.ucla.edu] On Behalf Of Kuykendall, Mae Sent: Monday, September 14, 2015 12:25 PM To: Marty Lederman; Volokh, Eugene; Dellinger, Walter; Douglas Laycock; Howard Wasserman; conlawp...@lists.ucla.edu<mailto:conlawp...@lists.ucla.edu>; Law & Religion issues for Law Academics; Michael Dorf; Samuel Bagenstos Subject: RE: Kim Davis announcement about what she'll do at work today Indeed, if the earlier couples had gone ahead and married without a license in that county, there would be a strong case for saying they had a valid constructive marriage license. Courts have saved marriages done without a license where there was less justification. mk Professor of Law Michigan State University College of Law 648 N. Shaw Lane Rm 366 East Lansing, MI 488241300 517-432-6894 (office) 734-645-5769 (cell) 517-381-2082 (Haslett land) http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=233952
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