Recently, a lawyer deposed a county commissioner who has sued to have a court rule on whether the laws that allow him to solemnize a marriage are still valid. After all, two years ago, the U.S. Supreme Court held that laws restricting marriage to a man and a woman were invalid.
The highly trained lawyer was flummoxed by the fact the commissioner couldn’t understand that the U.S. Supreme Court had also held that same-sex couples had a right to marry. But what the untrained commissioner understands is that you can’t get a license without a law, and if our law is invalid, then there has to be some new law to authorize marriage licenses. The commissioner rightly knows what the lawyer has forgotten— judges can judge the law, but only legislators can make the law.
The FACT Report, featured on several conservative radio stations, is a weekly one-minute audio commentary about a political or cultural issue affecting Tennesseans.
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