Quote:
Originally posted by sgtclub
Of course, and in this case specifically, just not by those elected to enforce the laws.
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If you think that there's a place for civil disobedience, and that gay marriage is an appropriate issue for it, then you have to accept that someone whose job it is to enforce the laws will engage in it. Because only someone like Newsom, in his post as "mayor" of a city that is also a county (in a state where counties issue marriage licenses), has the power to require issuance of licenses. Rosa Parks couldn't have done this act of disobedience.
Also, Newsom reached the conclusion that any state law prohibiting gay marriage was contrary to the state and federal consitution, so at least in his view he is, in fact, enforcing the law by requiring the county clerk to issue the licenses.
To reverse your assault weapons example: If the Cal. Legislature passed a law requiring that all African Americans over age 50 be publicly executed in City Hall, would you demand that mayors actually carry out the executions? After all, it's their job to enforce the law, even if they deem it unconstitutional. Right? Would you worry about the downfall of civil society if mayors, acting in civil disobedience, refused to enforce this law?
