The situations weren't comparable. The Alabama case involved a state official violating the U.S. Constitution by improperly establishing a religious doctrine on government property.
SF is not violating the Constitution, and is in fact undertaking this act precisely to challenge the constitutionality of the state's law prohibiting same-sex marriage.
SF is not violating the Constitution, and is in fact undertaking this act precisely to challenge the constitutionality of the state's law prohibiting same-sex marriage.
If they wanted to challenge the state's law then the courtroom is where to go. Passing a law in direct contravention of state law is not, and suffers EXACTLY the same criticisms as Judge Moore. I'd imagine California has its own Supremecy Clause and thus the law is violating California's Constitution. Even if California's state law is struck down, it will not change the fact that SF's law during the period before California's law was struck down is unconstitutional under state law, probably making all these marriages null and void, but they can go back and do it again if they want.
I see the second case as SF enforcing federal constitutional law, which is violated by California state law.
You seek enforcement of the law by going to Court to get it changed. SF can't do this because it is a city and thus has no standing. It is hard to argue that you are enforcing the law by breaking it.
I work for the government. I am a christian. I may wear a cross or some religious article under my clothes. I am not allowed to force my beliefs on others. In my court there will be all manner of people. I must give them each a fair deal. I cannot be biased.
And in like manner, in California, you may not marry people of the same sex. You cannot be biased in this account and give people of same sex marriage licenses because it is against the law.
If you do not agree with that law, by all means, go to Court to try to get it changed. If the Court's do not agree with you, then go the route of civil disobediance if you wish, but going the route of disobediance before courtroom I see as invalid.
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