In an act of defiance of the recent same-sex marriage ruling, many Kansas counties are refusing to (or at least haven’t) issue marriage certificates still. This isn’t at all surprising, actually. It is, however, very sad. First, agree or disagree, the courts are beholden to the SCOTUS decision. There is a process in place if they disagree, but actively defying supremacy in the matter isn’t one of them (this absent a discussion of state nullification or if SCOTUS is guilty of overreach, which is something we could talk about, but doesn’t change what should happen short-term). While the argument over the matter continues, the courts are obligated to operate as instructed in the matter unless further change is made.
But the second issue is the most important: How exactly are we supposed to afford the cost of the lawsuits that will inevitably be filed that the state will absolutely lose? To prove… what? Exactly?
*NOTE: Chautauqua and Montgomery counties are now issuing marriage certificates as well.