Utah Gay Marriage Ban Struck Down As Unconstitutional

[Will E Worm]

First of all, when you post an article or excerpt, post the source. You shouldn't need to be told this.

Second, nothing you just said is supported by the article you quoted.

Third, by your own definition, you need to be tried for treason for advocating a violent overthrow of your Constitionally elected government.

Got a smiley for all that Cupcake?

The people voted against it in 2004. Nuff said...

You people will believe anything. You never look anything up. :tongue:

 

[Mayhem]

The people voted against it in 2004. Nuff said...

You people will believe anything. You never look anything up. :tongue:

People cannot vote to take away another's basic human rights. You know this because as stupid as you pretend to be, you're not that stupid. And if you are, you should stay away from Constitutional Law.

 

[Mayhem]

This means his ruling is null and void. He violated the will of the people and lied about the Constitution.
He needs to be removed and tried for treason.

 

[Lacey Black]

There is going to be a civil war because people are being treated like equals and being given the same rights as everyone else. This whole thread.

 

[Mayhem]

Lacey Black[/URL][/B], post: 8098952, member: 259053"]There is going to be a civil war because people are being treated like equals and being given the same rights as everyone else. This whole thread.

 

[Mayhem]

Utah Gay Marriage Can Continue, Federal Judge Rules

http://www.huffingtonpost.com/2013/12/23/utah-gay-marriage-ruling_n_4494088.html

A federal judge said Monday he will allow gay marriage in Utah to continue, denying a request from the state to halt same-sex weddings until the appeals process plays out.

U.S. District Judge Robert J. Shelby's decision came three days after he overturned the state's ban on same-sex marriage, ruling it is unconstitutional. Utah lawyers are expected to ask a higher court to put the process on hold.

The county clerk in Salt Lake City immediately began issuing licenses after Shelby's ruling Friday, and hundreds more gay couples were lined up Monday to get married.

The ruling has drawn attention given Utah's long-standing opposition to gay marriage and its position as headquarters for the Mormon church.

Lawyers for the state waged a legal battle on several fronts as they sought to stop the same-sex weddings.

On Sunday, a federal appeals court rejected the state's emergency request to stay the ruling, saying it couldn't rule on a stay since Shelby had not yet acted on the motion before him. The court quickly rejected a second request from Utah on Monday.

Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration at an office building about 3 miles from the headquarters of the Mormon church.

About 25 couples lined up outside the clerk's office in Davis County on Monday morning. The first couple showed up around 6 a.m. and married immediately after receiving their license.

For now, a state considered one of the most conservative in the nation has joined the likes of California and New York to become the 18th state where same-sex couples can legally wed. Legal experts have said that even if a judge put a halt to the weddings, the licenses that already have been issued likely will still be valid.

Many Utah residents belong to The Church of Jesus Christ of Latter-day Saints, and Mormons dominate the state's legal and political circles.

The Mormon church was one of the leading forces behind California's short-lived ban on same-sex marriage, Proposition 8, which voters approved in 2008. The church said Friday it stands by its support for "traditional marriage," and it hopes a higher court validates its belief that marriage is between a man and woman.

In Shelby's 53-page ruling, he said the constitutional amendment that Utah voters approved in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment. Shelby said the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.

The decision drew a swift and angry reaction from Republican Gov. Gary Herbert, who said he was disappointed in an "activist federal judge attempting to override the will of the people of Utah." The state quickly took steps to appeal the ruling and halt the process, setting up Monday's hearing before Shelby.

The ruling has thrust Shelby into the national spotlight. He has been on the bench for less than two years, appointed by President Barack Obama after GOP Sen. Orrin Hatch recommended him in November 2011.

Shelby served in the Utah Army National Guard from 1988 to 1996 and was a combat engineer in Operation D esert Storm. He graduated from the University of Virginia law school in 1998 and clerked for the U.S. District Judge J. Thomas Greene in Utah, then spent about 12 years in private practice before he became a judge.

 

[Mayhem]

Supreme Court Puts Gay Marriage On Hold In Utah

http://www.huffingtonpost.com/2014/01/06/utah-gay-marriage_n_4548931.html

The Supreme Court on Monday put same-sex marriages on hold in Utah, at least while a federal appeals court more fully considers the issue.

The court issued a brief order blocking any new same-sex unions in the state.

The order grants an emergency appeal by the state following the Dec. 20 ruling by U.S. District Judge Robert Shelby that the state's ban on same-sex marriage violates gay and lesbian couples' constitutional rights.

More than 900 gay and lesbian couples have married since then.

The high court order will remain in effect until the Denver-based 10th U.S. Circuit Court of Appeals decides whether to uphold Shelby's ruling.

The state's request to the Supreme Court was filed with Justice Sonia Sotomayor, who handles emergency appeals from Utah and the five other states in the 10th Circuit. Sotomayor turned the matter over to the entire court.

The action now shifts to Denver, where the appeals court will consider arguments from the state against same-sex marriage as well as from the three gay and lesbian couples who challenged the ban in support of Shelby's ruling. Shelby and the appeals court had previously rebuffed the state's plea to stop gay weddings pending appeal.

The 10th Circuit has set short deadlines for both sides to file their written arguments, with the state's first brief due on January 27. No date for argument has been set yet.

James Magleby, a lawyer for couples who sued to overturn the ban, said that while the halt to same-sex marriages is temporary — assuming the appeals court does not reverse Shelby's ruling — it is disappointing because it leaves Utah families waiting to marry until the appeal is over.




"Every day that goes by, same-sex couples and their children are being harmed by not being able to marry and be treated equally," Magleby said in a statement that also proclaimed confidence in his side's case before the appellate judges.

Utah Governor Gary Herbert initially declined comment, but was expected to issue a statement later Monday. Utah Attorney General Sean Reyes scheduled a midday news conference.

Utah changed its constitution to prohibit same-sex marriage in 2004.

Nearly two-thirds of Utah's 2.8 million residents are members of The Church of Jesus Christ of Latter-day Saints, and Mormons dominate the state's legal and political circles. The Mormon church was one of the leading forces behind California's short-lived ban on same-sex marriage, Proposition 8.

Though the church has softened its stance toward gays and lesbians in recent years, it still teaches that homosexual activity is a sin and stands by its support for "traditional marriage." Church officials say they hope a higher court validates its belief that marriage is between a man and woman.

The Supreme Court's unsigned order did not indicate that anyone dissented from the decision not to allow any more same-sex marriages in Utah, at least for now. Nor did the order reveal anything about the justices' views on same-sex marriage.

Shelby was the first federal judge to overturn a state marriage ban since the high court issued two decisions on same-sex marriage in June.

The justices at that time struck down a provision of the federal Defense of Marriage Act that prevented legally married gay and lesbian couples from receiving a range of tax, health, pension and other federal benefits.

Shelby cited the decision in his ruling that the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.

"In the absence of such evidence, the State's unsupported fears and speculations are insufficient to justify the State's refusal to dignify the family relationships of its gay and lesbian citizens," Shelby wrote.

On the same day, the court left in place a trial court's decision that struck down California's constitutional ban on same-sex marriage. That decision paved the way for same-sex unions to resume in California.

The nation's most populous state is among 17 states and the District of Columbia that allow, or soon will allow, gay and lesbian couples to wed.

The others are: Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont and Washington state.

Utah had been the 18th, for 17 days.

I am really not liking the Supreme Court these days.

 

[Will E Worm]

Supreme Court Puts Gay Marriage On Hold In Utah

 

[lurkingdirk]

Guess who is back now that the AssHat of the year contest is over?

 

[Mayhem]

Yup, Will E supports denial of basic human rights, mass murder in Maryland and violent overthrow of the government. He's a reeeeeel American.

 

[bobjustbob]

If you all remember from last year, gay marriage went from a local court in NJ to the state. The Fat Man was against it but wouldn't fight it. He accepted what the court handed down.

Funny how a state that allows men to have as many wives as they like won't let them have a husband.

As I've said before, if marriage is what you really want, be careful what you ask for.