Same-sex marriage coming to Utah

[TripletDaddy]

Cherilyn bacon Eagar gunderson or whatever your name is....don't shove your heterosexual agenda down our throats!

[Nakoma]

Either Judge Shelby and the 10th Circuit misconstrued the law regarding stays or some of the Supreme Court justices are bigots for disregarding the law and staying gay marriages in Utah. Sotomayor apparently has been designated to handle appeals from the 10th Circuit, but she declined ruling on Utah's request for a stay, instead referring the matter to the entire Supreme Court which granted Utah's stay.

http://www.washingtonpost.com/politi...9a7_story.html

[Topper]

Either Judge Shelby and the 10th Circuit misconstrued the law regarding stays or some of the Supreme Court justices are bigots for disregarding the law and staying gay marriages in Utah. Sotomayor apparently has been designated to handle appeals from the 10th Circuit, but she declined ruling on Utah's request for a stay, instead referring the matter to the entire Supreme Court which granted Utah's stay.

http://www.washingtonpost.com/politi...9a7_story.html

Or the Supreme Court wants to be the Court which makes the groundbreaking ruling. It could simply be a question of grandstanding.

[SeattleUte]

Or the Supreme Court wants to be the Court which makes the groundbreaking ruling. It could simply be a question of grandstanding.

The Supreme Court can decide this issue if it wants to absent any stay or regardless of what the 10th Circuit does. It seems that the Supreme Court just wants to retain the status quo while the courts and parties' counsel taked the time they need time to brief, argue and decide the issue. The stay is not really surprising and doesn't tell us much. The real story here is that Utah decided to enforce its bigoted law while California's democratically elected governor and AG refused to do so. Aside form what this means regarding differing values in Utah and California, it means that the Supreme Court likely won't be able to duck the merits on procedural grounds.

[SeattleUte]

Cherilyn bacon Eagar gunderson or whatever your name is....don't shove your heterosexual agenda down our throats!

Don't joke about this subject matter.

[New Mexican Disaster]

Don't joke about this subject matter.

I think you meant don't choke on this subject matter...from being forced down your throat.

[Jeff Lebowski]

Same-sex marriage coming to Utah

Don't joke about this subject matter.

<deleted>

[UVACoug]

Either Judge Shelby and the 10th Circuit misconstrued the law regarding stays or some of the Supreme Court justices are bigots for disregarding the law and staying gay marriages in Utah. Sotomayor apparently has been designated to handle appeals from the 10th Circuit, but she declined ruling on Utah's request for a stay, instead referring the matter to the entire Supreme Court which granted Utah's stay.

http://www.washingtonpost.com/politi...9a7_story.html

It was a unanimous decision from the Supreme Court ... which should answer your question.

[UVACoug]

The Supreme Court can decide this issue if it wants to absent any stay or regardless of what the 10th Circuit does. It seems that the Supreme Court just wants to retain the status quo while the courts and parties' counsel taked the time they need time to brief, argue and decide the issue. The stay is not really surprising and doesn't tell us much. The real story here is that Utah decided to enforce its bigoted law while California's democratically elected governor and AG refused to do so. Aside form what this means regarding differing values in Utah and California, it means that the Supreme Court likely won't be able to duck the merits on procedural grounds.

Really? All the news stories I read said that it was rare for the Supreme Court to overturn a Circuit Court's decision not to stay.

[Topper]

Really? All the news stories I read said that it was rare for the Supreme Court to overturn a Circuit Court's decision not to stay.

It is rare, but that still won't tell us much.

[SeattleUte]

Really? All the news stories I read said that it was rare for the Supreme Court to overturn a Circuit Court's decision not to stay.

lol It's rare unless the case is of massive historical and social importance.

A stay only make sense here. In fact, I'd argue that if they're going to affirm the Utah judge there's no harm in staying the case. All the marriages will eventually occur (barring death or break ups). Moreover, if they're going to affirm the Utah judge, for political as well as harmony's sake they need to create a context wherein the law is being made or determined in an orderly unhurried way and opponents of gays feel they've had their day in court. It's not uncommon for judges to give the losing side all of the intermim rulings then lower the boom on the previously favored side when the merits are decided.

[All-American]

lol It's rare unless the case is of massive historical and social historical importance.

A stay only make sense here. In fact, I'd argue that if they're going to affirm the Utah judge there's no harm in staying the case. All the marriages will eventually occur (barring death or break ups). Moreover, if they're going to affirm the Utah judge, for political as well as harmony's sake they need to create a context wherein the law is being made or determined in an orderly unhurried way and opponents of gays feel they've had their day in court. It's not uncommon for judges to give the losing side all of the intermim rulings then lower the boom on the previously favored side when the merits are decided.

Exactly right. It's at least reasonable to believe that Windsor makes same-sex marriage a constitutional inevitability, but it was still pretty irresponsible of Judge Shelby not to grant the stay.

[UVACoug]

lol It's rare unless the case is of massive historical and social importance.

A stay only make sense here. In fact, I'd argue that if they're going to affirm the Utah judge there's no harm in staying the case. All the marriages will eventually occur (barring death or break ups). Moreover, if they're going to affirm the Utah judge, for political as well as harmony's sake they need to create a context wherein the law is being made or determined in an orderly unhurried way and opponents of gays feel they've had their day in court. It's not uncommon for judges to give the losing side all of the intermim rulings then lower the boom on the previously favored side when the merits are decided.

I just think it is interesting how all the reports from the "experts" before the stay was issued said that a stay was unlikely ... and now all the "experts" are claiming they weren't surprised by it.

[Topper]

Exactly right. It's at least reasonable to believe that Windsor makes same-sex marriage a constitutional inevitability, but it was still pretty irresponsible of Judge Shelby not to grant the stay.

I would not have been surprised if they had not done so, but I am also not surprised they did issue one.

[Nakoma]

Utah was one of the first states/territories to give women the right to vote; it was the state that ended prohibition; and now looks to lead the way on constitutionally recognized gay marriage. Utah is much more progressive than its given credit.