According to the U.S. Supreme Court, Kim Davis violated the constitutionally protected, inherent right of same-sex couples to marry. In the Obergefell decision, the Court held that same-sex couples have an inherent right under the Due Process and Equal Protection clauses of the 14th Amendment to marry.
In finding that same-sex couples had a fundamental and constitutionally protected right to marry, the Court ruled that the laws and constitutional provisions of any state/commonwealth (including Kentucky's constitutional provision) were unconstitutional and of no effect. Once the Court found that same-sex couples had the fundamental right within the U.S. Constitution to marry, the Supremacy Clause kicked in (which states the U.S. Constitution itself, not just laws enacted by the legislature or treaties) and invalidated the Kentucky constitution's marriage clause. (See Article VI, Clause 2, invalidating state laws and state constitutional provisions where the U.S. Constitution has spoken.)
Unfortunately, that is where we are. Kim Davis faces a tough road ahead.
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