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Fri Dec 20, 2013, 05:13 PM

BREAKING: Federal Judge Strikes Down Utah’s Ban on Same-Sex Marriage

Source: Salt Lake Tribune

Federal judge strikes down Utah’s ban on same-sex marriage

By Brooke Adams | The Salt Lake Tribune

First Published 17 minutes ago • Updated 1 minute ago

A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the ban violates the U.S. Constitution’s guarantees of equal protection and due process.

"The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason," wrote U.S. District Court Judge Robert J. Shelby. "Accordingly, the court finds that these laws are unconstitutional."


Read more: http://www.sltrib.com/sltrib/news/57291925-78/ban-judge-sex-court.html.csp

38 replies, 4469 views

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Arrow 38 replies Author Time Post
Reply BREAKING: Federal Judge Strikes Down Utah’s Ban on Same-Sex Marriage (Original post)
Hissyspit Dec 2013 OP
vlyons Dec 2013 #1
Myrina Dec 2013 #4
Chipper Chat Dec 2013 #34
geek tragedy Dec 2013 #2
louis-t Dec 2013 #3
silvershadow Dec 2013 #11
closeupready Dec 2013 #8
Bryce Butler Dec 2013 #5
mahatmakanejeeves Dec 2013 #6
Vashta Nerada Dec 2013 #7
Bohunk68 Dec 2013 #9
rocktivity Dec 2013 #28
Change has come Dec 2013 #10
Treant Dec 2013 #17
OKNancy Dec 2013 #12
rhett o rick Dec 2013 #13
Treant Dec 2013 #18
closeupready Dec 2013 #14
Major Hogwash Dec 2013 #15
VA_Jill Dec 2013 #16
Treant Dec 2013 #19
onehandle Dec 2013 #20
sheshe2 Dec 2013 #21
mountain grammy Dec 2013 #22
SoapBox Dec 2013 #23
blkmusclmachine Dec 2013 #24
GodlessBiker Dec 2013 #25
LadyHawkAZ Dec 2013 #26
24601 Dec 2013 #27
davidpdx Dec 2013 #29
Tx4obama Dec 2013 #31
davidpdx Dec 2013 #32
Tx4obama Dec 2013 #33
JudyM Dec 2013 #38
Tx4obama Dec 2013 #30
moonbeam23 Dec 2013 #35
Ken Burch Dec 2013 #37
Ken Burch Dec 2013 #36

Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:18 PM

1. Can Texas be far behind?

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Response to vlyons (Reply #1)

Fri Dec 20, 2013, 05:24 PM

4. I would hope all these rulings and overturnings would give the whackos in Indiana pause ...

.... they've been paper shuffling a Constitutional Amendment ratifying 'marriage as between one man and one woman' for the past year. I know they need to keep the Teabagger donations coming in but nearly every college & all the major employers (Eli Lilly, Cummins, etc) have come out AGAINST it.

Hopefully the rest of the dominoes fall & leave Indiana no choice but to join the 21st century.

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Response to Myrina (Reply #4)

Sat Dec 21, 2013, 02:28 AM

34. Don't count on it.

Our far-far rightwing teabag legislature is hell-bent on shoving the amendment to the voters ASAP. The ONLY thing that could stop it would be for Andrew Luck to come out against it. And I wish that would happen.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:21 PM

2. "And," the judge added "fuck Duck Dynasty." nt

 

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Response to geek tragedy (Reply #2)

Fri Dec 20, 2013, 05:24 PM

3. Giggety.

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Response to louis-t (Reply #3)

Fri Dec 20, 2013, 05:42 PM

11. ^^This. lol nt

 

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Response to geek tragedy (Reply #2)

Fri Dec 20, 2013, 05:36 PM

8. lol - should have happened, even if it didn't.

 

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:26 PM

5. Awesome news...

but some states will still kick and scream.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:27 PM

6. There's no need to wait until the 25th.

The presents are being handed out early this year.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:35 PM

7. Yes!

 

That's great news!

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:36 PM

9. This is a BFD. I am surprised

had not expected such a big one. In the Reddest of the red states, even. Be still my heart! Bring on the smelling salts.

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Response to Bohunk68 (Reply #9)

Fri Dec 20, 2013, 11:38 PM

28. DING DING DING! Bohunk68, you're our grand prize winner!

Be still my heart! Bring on the smelling salts.


rocktivity

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:38 PM

10. When do the weddings start?

WOW

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Response to Change has come (Reply #10)

Fri Dec 20, 2013, 06:11 PM

17. Now.

The judge refused to issue a stay.

I have no doubt the circuit court (the tenth? I'm not sure) will do so quickly so the window is quite small.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 05:43 PM

12. So, will this have long reaching effects in other states?

I hope so. But unfortunately even if the ban is lifted, my state will be the very last one to have marriage equality.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:02 PM

13. Does this mean that bigamy marriages could be all male or all female or mixture of each?

 

Just wondering.

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Response to rhett o rick (Reply #13)

Fri Dec 20, 2013, 06:12 PM

18. Yep.

Look for two new series: "Men and Brother-husbands" and "Women and Sister-wives" coming to a really trashy cable channel near you.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:03 PM

14. Has Sarah Palin tweeted on this yet?

 

Can't wait to read that one, lol.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:06 PM

15. Mitt will have kittens over this!!! More about Judge Shelby's decision --->

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.


Link to article --
http://www.usatoday.com/story/news/nation/2013/12/20/utah-same-sex-marriage-ban/4146907/

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:10 PM

16. Can't wait to see what will happen!

Will Moroni fall off the Temple?

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Response to VA_Jill (Reply #16)

Fri Dec 20, 2013, 06:21 PM

19. Moroni did not fall

He was pushed by his own hubris.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:40 PM

20. Damn! Now my hetero marriage means nothing...

...in Utah.

No big loss.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:49 PM

21. Kick! n/t

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 06:55 PM

22. Great news!

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 07:06 PM

23. Yay!

I hope all the old, straight, white so-called-leadership men of the "church" had their world crumble!

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 07:17 PM

24. Meanwhile, the round-up & genocide of gays and gay sympathizers have begun in Uganda, courtesy of

 

The Family, a hard-right reichwing Evangelical religious Cult located in Washington DC and Annapolis MD, whose leader fondly speaks of the methods of Adolf Hitler, an organization that operates the yearly Presidents Prayer Breakfast in DC. Hillary Roddam Clinton has been a member of The Family since the Clintons first landed in DC.

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 07:58 PM

25. Great news!! Couples are already getting married!

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 09:31 PM

26. Geez, I leave town for five minutes and look what happens...





I'm sorry to be missing the celebrations but YAY!

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Response to Hissyspit (Original post)

Fri Dec 20, 2013, 09:38 PM

27. This likely is headed back to SCOTUS. The California case was decided on the narrow

grounds since California official did not appeal, no one pressing the case had legal standing. Consequently, the court never addressed the fundamental issue of whether there is a right to marriage for single sex couples. I doubt Utah will decline to appeal.

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Response to Hissyspit (Original post)

Sat Dec 21, 2013, 12:18 AM

29. It could be big if the 10th Circuit upholds it

I don't know what the make up of that court is. It doesn't seem likely to go before the SC, so I'd guess it's probably got one more stop. It will be shocking if it is legal in Utah before Oregon.

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Response to davidpdx (Reply #29)

Sat Dec 21, 2013, 02:02 AM

31. The 10th Circuit...


There are TEN active full time judges on the 10th Circuit

Five judges appointed by Dem presidents
Five judges appointed by GOP presidents
Two vacant seats

See Chart here: https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Tenth_Circuit#Current_composition_of_the_court

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Response to Tx4obama (Reply #31)

Sat Dec 21, 2013, 02:17 AM

32. Interesting an even split

Well I'm guessing the appointments for the two vacant seats are going to be held up as long as possible.

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Response to davidpdx (Reply #32)

Sat Dec 21, 2013, 02:21 AM

33. The two nominees...


Carolyn B. McHugh - nominated May 16, 2013 - she has had her hearing and voted out of Senate Judiciary Committee, now waiting for a full Senate vote.

Nancy Moritz - nominated August 1, 2013 - nomination is still pending in the Committee.

https://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama#Courts_of_Appeals


McHugh - https://en.wikipedia.org/wiki/Carolyn_B._McHugh
Moritz - https://en.wikipedia.org/wiki/Nancy_Moritz

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Response to Tx4obama (Reply #31)


Response to Hissyspit (Original post)

Sat Dec 21, 2013, 01:57 AM

30. I wonder what Senator Hatch (R-UT) is thinking now :)


-snip-

The ruling has thrust Shelby into the national spotlight less than two years after Congress approved his nomination to the federal bench. He was appointed by President Barack Obama after GOP Sen. Orrin Hatch recommended him in November 2011.

-snip-

http://apnews.excite.com/article/20131221/DAAQFFUO0.html


Shelby was confirmed by the Senate (by voice vote) only a little more than a year ago - September 21, 2012 and began active servicee September 25, 2012
https://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama

Judge Robert Shelby, BIO: https://en.wikipedia.org/wiki/Robert_J._Shelby


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Response to Hissyspit (Original post)

Sat Dec 21, 2013, 03:28 PM

35. You might be surprised

by how many gay people live in Utah...in some ways it is very live and let live

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Response to moonbeam23 (Reply #35)

Sat Dec 21, 2013, 03:45 PM

37. Which raises the question...

 

are we gonna see lesbian "sisterwives" now?

(that could have been a VERY special episode of BIG LOVE).

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Response to Hissyspit (Original post)

Sat Dec 21, 2013, 03:44 PM

36. Are the Osmonds still under sedation?

 

This is gonna hit all of 'em hard.

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