Yeah, I don't want to act as a definitive authority here but I just didn't see anywhere in her brief that the county had taken any action against her or that she was under pressure from a same-sex couple to perform a ceremony. It was more speculative than that. The law might be used against her one day. Under her reading of the law. I'm not sure she's right about that but it could be rewritten to make it more clear, like you say.
As an analogy, this term's gun case re NYC. In that case, the law was clearly unconstitutional as written. But then the city said, "we didn't mean it, we won't enforice it." That wasn't enough. Or, to be more precise, they didn't think that was going to be enough for the Supreme Court. So, they amended the law to take out the offending provision.
Anyway, standing in this cases can get a little tricky. And in this types of cases, the statute usually has to be unconstitutional on its face (obviously unconstitutional). Courts don't want to waste resources adjudicating the constitutionality of statute that, if interpreted in a certain way, is constitutional or, for that matter, statues that are never enforced in an unconstitutional way. Further, if there's an ambiguity in the language courts general tend to presume the drafters intended the law to be constitutional so they resolve the ambiguity in favor of constitutionality.
So, in this case, if the statute is ambiguous or if there is a reasonable way to construe it as constitutional, the court will.
Thanks for taking the time to bring me up to speed on the facts and the quote the law at issue.
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