Two women brought suit against the Jefferson County (Kentucky) Clerk of Courts because the clerk refused to

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Two women brought suit against the Jefferson County (Kentucky) Clerk of Courts because the clerk refused to issue them a license to become married to each other. The women alleged that the clerk’s refusal denied them various constitutionally protected rights, among these the right to become married, the right to freedom of association, and the right to freedom from cruel and unusual punishment. The trial court ruled that persons seeking to enter into a same-sex marriage were not entitled under the law to a marriage license. The women appealed to the Court of Appeals of Kentucky. The Kentucky statutes do not define the term marriage. The appeals court disposed of the case without even reaching the appellants’ constitutional claims. Can you surmise on what grounds the appeals court decided the case?

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