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Old 07-18-2016, 10:12 AM
 
19,942 posts, read 17,198,967 times
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Quote:
Originally Posted by Petunia 100 View Post
The judge is an employee of the government.
What's your point?

Is he a state employee? Or federal? And where in the Constitution does it say that he must perform such a wedding?

Again....can you demonstrate that no judge in America has ever refused to do a wedding for any reason? And if so, he/she has violated the Constitution?
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Old 07-18-2016, 10:22 AM
 
Location: California side of the Sierras
11,162 posts, read 7,641,111 times
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Quote:
Originally Posted by Vizio View Post
What's your point?

Is he a state employee? Or federal? And where in the Constitution does it say that he must perform such a wedding?
My point, as I have stated multiple times in this thread already, is that it is not for a government employee to pick and choose which services will be offered to which members of the public based on the employee's own religious beliefs.

Quote:
Originally Posted by Vizio View Post
Again....can you demonstrate that no judge in America has ever refused to do a wedding for any reason? And if so, he/she has violated the Constitution?
No, I cannot. But why would I need to? Is murder only illegal if I can demonstrate that no judge in America has ever murdered before? That is very peculiar reasoning.
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Old 07-18-2016, 10:29 AM
 
19,942 posts, read 17,198,967 times
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Quote:
Originally Posted by Petunia 100 View Post
My point, as I have stated multiple times in this thread already, is that it is not for a government employee to pick and choose which services will be offered to which members of the public based on the employee's own religious beliefs.
Why?
Quote:

No, I cannot. But why would I need to? Is murder only illegal if I can demonstrate that no judge in America has ever murdered before? That is very peculiar reasoning.
Because that would determine a precedent. Why would you expect a judge today to behave any differently than has been historically expected? A judge's duty has never been to officiate a marriage for anyone that walked through his/her door.
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Old 07-18-2016, 10:35 AM
 
Location: West Virginia
16,677 posts, read 15,680,560 times
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Quote:
Originally Posted by Vizio View Post
Why?


Because that would determine a precedent. Why would you expect a judge today to behave any differently than has been historically expected? A judge's duty has never been to officiate a marriage for anyone that walked through his/her door.
How do you know that? Can you cite the Kentucky precedent that says it is OK for a judge to refuse to conduct a marriage? The only thing that counts in this discussion is the state of affairs concerning judges in the state of Kentucky. Judges in any other state may work under different rules. This is certainly not a federal issue, and it has nothing to do with the Constitution or the 1st Amendment.

The single question is this: Is a Kentucky judge authorized to perform marriages as one of his official duties, or is he allowed to do them at his own discretion? One or the other. Which is it? (Opinions are meaningless. What does the State of Kentucky say about it?)
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Old 07-18-2016, 10:47 AM
 
Location: California side of the Sierras
11,162 posts, read 7,641,111 times
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Quote:
Originally Posted by Vizio View Post
Why?

Because that would determine a precedent. Why would you expect a judge today to behave any differently than has been historically expected? A judge's duty has never been to officiate a marriage for anyone that walked through his/her door.
The county of Trigg in the state of Kentucky has chosen to make it a judge's duty. Certainly the government could have chosen some other distribution of duties. When I got married, my local county clerk's office directed us to some sort of deputy county clerk rather than a judge.
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Old 07-18-2016, 10:48 AM
 
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Quote:
Originally Posted by mensaguy View Post
How do you know that? Can you cite the Kentucky precedent that says it is OK for a judge to refuse to conduct a marriage? The only thing that counts in this discussion is the state of affairs concerning judges in the state of Kentucky. Judges in any other state may work under different rules. This is certainly not a federal issue, and it has nothing to do with the Constitution or the 1st Amendment.
I absolutely agree. Do you have anything to determine that judges in in Kentucky are required to perform a marriage for anyone that walks through their door?
Quote:
The single question is this: Is a Kentucky judge authorized to perform marriages as one of his official duties, or is he allowed to do them at his own discretion? One or the other. Which is it? (Opinions are meaningless. What does the State of Kentucky say about it?)
I would suggest that if any Kentucky judge has ever been allowed to refuse to perform a marriage for any reason, that sets a precedent for any Kentucky judge to continue to do so.
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Old 07-18-2016, 10:50 AM
 
19,942 posts, read 17,198,967 times
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Quote:
Originally Posted by Petunia 100 View Post
The county of Trigg in the state of Kentucky has chosen to make it a judge's duty. Certainly the government could have chosen some other distribution of duties. When I got married, my local county clerk's office directed us to some sort of deputy county clerk rather than a judge.
Really? Do you have any sort of documentation to support the claim that it's a required duty? And that Trigg county judges do not have any discretion in what marriages they wish to perform?
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Old 07-18-2016, 10:51 AM
 
Location: California side of the Sierras
11,162 posts, read 7,641,111 times
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Quote:
Originally Posted by Vizio View Post
I absolutely agree. Do you have anything to determine that judges in in Kentucky are required to perform a marriage for anyone that walks through their door?


I would suggest that if any Kentucky judge has ever been allowed to refuse to perform a marriage for any reason, that sets a precedent for any Kentucky judge to continue to do so.
What precedent can you show that local government is allowed to deny couples the right to be married if they meet the legal guidelines?
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Old 07-18-2016, 10:52 AM
 
Location: California side of the Sierras
11,162 posts, read 7,641,111 times
Reputation: 12523
Quote:
Originally Posted by Vizio View Post
Really? Do you have any sort of documentation to support the claim that it's a required duty? And that Trigg county judges do not have any discretion in what marriages they wish to perform?
What documentation do you have to show that couples can be denied at the discretion of local government?
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Old 07-18-2016, 10:53 AM
 
19,942 posts, read 17,198,967 times
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Quote:
Originally Posted by Petunia 100 View Post
What precedent can you show that local government is allowed to deny couples the right to be married if they meet the legal guidelines?
My own experience, for one. I cannot walk into the DMV and expect to test for a driver's license 5 days a week. Services are limited.

As for judges? You'e the one making the assertion they cannot deny the service--I'm asking you to back up your assertion that no judge has ever done that.
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