Utah judge strikes down gay marriage Ban

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Huffington Post

Utah Gay Marriage Ban Struck Down As Unconstitutional

Posted: 12/20/2013 4:22 pm EST | Updated: 12/20/2013 4:47 pm EST
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Video, Gay Marriage Ban Utah, Unconstitutional Utah Gay Marriage, Utah Gay Marriage, Utah Gay Marriage Ban, Utah Gay Marriage Unconstitutional, Politics News

By BRADY McCOMBS, THE ASSOCIATED PRESS

SALT LAKE CITY (AP) — A federal judge has struck down Utah's same-sex marriage ban, saying it is unconstitutional.

U.S. District Judge Robert J. Shelby issued a 53-page ruling Friday saying Utah's law passed by voters in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment.

Shelby says the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way, and the state's unsupported fears and speculations are insufficient to justify deny allowing same-sex marriages.

Attorneys for the state argued that Utah's law promotes the state's interest in "responsible procreation" and the "optimal mode of child-rearing."

The lawsuit was brought by three gay and lesbian couples in Utah.

Many similar court challenges are pending in other states, but Utah's has been closely watched because of the state's history of staunch opposition to gay marriage as the home of The Church of Jesus Christ of Latter-day Saints.

Well, wow, this seems out of nowhere, but kudos.

[Kitsune]

All their magic underwear does not protect them from the gay
http://www.usatoday.com/story/news/nati ... n/4146907/

Attorneys for the state argued that Utah's law promotes the state's interest in "responsible procreation."

SALT LAKE CITY (AP) — A federal judge has struck down Utah's same-sex marriage ban, saying it is unconstitutional.

U.S. District Judge Robert J. Shelby issued a 53-page ruling Friday saying Utah's law passed by voters in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment.

Shelby says the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way, and the state's unsupported fears and speculations are insufficient to justify deny allowing same-sex marriages.

Attorneys for the state argued that Utah's law promotes the state's interest in "responsible procreation" and the "optimal mode of child-rearing."

The lawsuit was brought by three gay and lesbian couples in Utah.

Many similar court challenges are pending in other states, but Utah's has been closely watched because of the state's history of staunch opposition to gay marriage as the home of The Church of Jesus Christ of Latter-day Saints.

[Lord Relvenous]

I think my favorite part is that the LDS church spent millions of dollars to fight marriage equality in California, and then they end up being the 18th state in which its legal. These holidays around the family are going to hilarious. I can already imagine the bitching in store.

[Napoleon the Clown]

The attorney general plans to appeal the decision, so right now couples are rushing to get marriage licenses before anybody can try to stop them while things go to trial.

I have yet to see any of the conservatives on my Facebook go nuts over this, though I expect to see posts about "activist judges" before too long. So far just liberals expressing happiness over it. I have to admit, I think it kicks lots of ass to see even this much. I doubt the 10th Circuit will agree with the AG.

[Kitsune]

If 10th Circuit agrees with the judge, Colorado, Wyoming, Kansas, and Oklahoma go with it.
Poor, Poor, Mary Fallin

[FaxModem1]

Can we merge the threads or something?

http://bbs.stardestroyer.net/viewtopic.php?f=7&t=160191

[Borgholio]

Yeah Utah...really? I did NOT expect that. Mormons must be having a collective cow right about now.

[Knife]

It's a bit amazing. Out of all the states, I figured Utah would be last to go this route. So congrats to the Judge, and congrats to the newly wedded.

[Thanas]

Already posted.

People, please use your eyes in the future.

EDIT: Threads now merged.

[Crossroads Inc.]

The meltdown of the right over this is sweet sweet music to my ears.
That there is suddenly "TEH GAYZ!" in Utah, bastion of far right conservatism has many screaming in terror.
Found the following comment on a right wing blog that made me chuckle in my naughty spots.

Homosexuals and their Liberal Progressive advocates commit the error of confusing rights with privileges or grants.
Rights are these; freedom of liberty, freedom of life, and freedom of property.
It would be wrong if we enacted laws that prevented Homosexuals from freedom of movement, that put the life of a Homosexual in jeopardy, or prevented Homosexuals from owning property or conducting busines, and making use of the legal system.
Marriage is a sanctioning of the union between two people, not sex acts, or friendships.
Thus society and the people that compose it always reserve the right to determine what they will sanction, or approve. It is not a right of Homosexuals to force me or anyone else to sanction a perverse union.

Heterosexuals cannot marry the same sex - Homosexuals cannot marry the same sex - where is the discrimination?
Heterosexuals can marry someone of the opposite sex - Homosexuals can marry someone of the opposite sex - where is the discrimination?
Heterosexuals must obey licensing restrictions - Homosexuals must obey licensing restrictions - where is the discrimination?
Are Homosexuals free to move about unhindered? YES.
Are Homosexuals still free to own property? Yes.
Do Homosexuals have the right to work or conduct business and keep the fruit of their Labors? YES.

Well, except for Barack Obama and his Marxist Cabal' who want to transfer your wealth to others, but that's all of us NOT just Homosexuals.
The Homosexual marriage argument falls flat both in application of logic, and facts and in having ANY innate rightness.

Anyonw one more excerpts of insanity can read them HERE

[Borgholio]

Heh...that argument actually makes a "little" sense...except for that it ignores the fact that the state is still dictating who you can and can't marry... which is the whole fucking point.

[Guardsman Bass]

Great news. I always figured Utah would be one of the very last states to ever have legal gay marriages, and that we'd have to be dragged into it kicking and screaming by either a Supreme Court case or federal law sometime in the late 2010s or early 2020s. It's good to see that struck down in 2013.

The Utah ban was pretty shitty and broad. It not only banned gay marriages, it also banned anything "resembling" a marriage, meaning the state couldn't have civil unions either.

[Kitsune]

The meltdown of the right over this is sweet sweet music to my ears.
Anyonw one more excerpts of insanity can read them HERE

Move back a few decades and this is how it would read:
"I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting attorney general to determine the best course to defend traditional marriage ban mixed race marriage within the borders of Utah," Herbert said.

[bilateralrope]

Great news. I always figured Utah would be one of the very last states to ever have legal gay marriages, and that we'd have to be dragged into it kicking and screaming by either a Supreme Court case or federal law sometime in the late 2010s or early 2020s. It's good to see that struck down in 2013.

Instead, it looks like Utah is going to get the 10th circuit to bring same sex marriage to a few other states. Maybe even the whole country if Utah fights this all the way to the Supreme Court.

How many people will recognize how helpful the Utah AG is in promoting same sex marriage if that comes to pass ?

[Napoleon the Clown]

I've already mentioned that on Facebook, actually. It will be so awesome.

Conspiracy theory: The AG knows that he will lose every time he appeals it. Which is why he plans to appeal. He's secretly working to get gay marriage for the entire country.

[Highlord Laan]

I've already mentioned that on Facebook, actually. It will be so awesome.

Conspiracy theory: The AG knows that he will lose every time he appeals it. Which is why he plans to appeal. He's secretly working to get gay marriage for the entire country.

I wouldn't even put that under conspiracy theory. I'd set it firmly under the category of being politically canny. Basic game theory. If winning is impossible under your opponent's rules, change the game.

[JME2]

Glad to see Utah finally saw the light. I thought they'd be among the last, too.

[Gaidin]

Is that really Utah seeing the light or just Utah losing a court ruling?

[Kitsune]

Utah was one of the later states to repeal their anti-miscegenation laws although they beat the ex-Confedacy

[Knife]

Federal Judge denied a stay today pending an appeal, people keep getting married. Woot.

[Kitsune]

Notice that he was recommended by Orrin Hatch but is an Activist Judge

[Knife]

Mike Lee, douche that he is, also had good words about him even though he voted no on him. lol

[Napoleon the Clown]

Mike Lee voted no because partisan bullshit.

[Pint0 Xtreme]

It looks like the 10th Circuit Court denied them a stay as well. They could appeal it to the Supremes I guess but they probably won't have much luck with convincing Sotomayor.

[Kitsune]

It seems like Utah is almost in a panic as if it has been invaded by hordes of Mongols or something