In the current situation with Rowan County Clerk Kim Davis, many claim that she is not “following the law” by acting to nullify by non-compliance the recent United States Supreme Court decision “legalizing” same-sex marriage in America.
It is indeed a fact that America is a country based upon the “rule of law”, with a Constitution and a codified body of statutes, both at federal and state governmental levels. It is NOT a fact that the Obergefell v. Hodges decision is “the law”. It is only the opinion of 5 of 9 members of the Court, whose opinion should only reach as far as to the parties in the case. As a matter of fact, neither at the federal or the state level has statute been changed or enacted to codify this opinion of 5 of 9 justices of the Court.
The United States Constitution, in Article 6, specifies what the “supreme law of the land” is supposed to be in our rule-of-law nation. It states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…” Nowhere in the Constitution are Supreme Court decisions considered the “supreme law of the land”.