Live blogging is fast paced. Please excuse any typos, misspelling and grammar. I am not taking the time to go back and edit.
The Attorney for the Oakland County Clerk, also named as a defendant in this lawsuit, stated: Every clerk has to take an oath when taking office. The oath does not permit the clerk to discriminate against any couple on race, origin, political, disability or other intimate personal relationship that is constitutionally protected. The question is , do same sex couples have an intimate personal relationship that is protected. When a County Clerk issues a license, a legal right is created between the two and can only be disrupted by death or divorce. The couple can go through life that they have a legal bond that no one can take away from them. The Clerk is not required to listen to the Attorney General (AG) or the Governor. Is not required to listen to the view of what the AG thinks is a traditional marriage relationship or what is good or bad for children. Not required to listen to opinions of the voters. She must follow what the courts have said as to who is in an intimate relationship that is constitutionally protected.
She will not even listen to her own judgments about what is good or bad in a traditional marriage. She has seen couples come through where she thinks personally that the relationship should not be formed. It is not her job to question that. She must issue the license. Her job is to issue license based on legal status. Participating so that she can clarify what that legal status is.
Implementation and remedy. If same sex marriage ban is ruled unconstitutional, then implementation is going to be required. Clerek has taken extraordinary steps to implement a process.
State registrar is required to approve all marriage license forms, and she and other clerks around the state have worked with the Registrar to develop gender neural forms to facilitate swift processing of the applications. Will follow the court’s order. Not going to obey any other public official except this court’s order. If the AG or Governor direct her not to, she will still issue the licenses if this court orders her to.