Same-sex marriage coming to Utah

[Applejack]

Not only that, any ban in a state within a federal circuit that has found same sex marriage to be consitutionally protected is a dead letter. Is that half the country or more? Moreover, federal circuit court decisions are persuasive in circuits that have not addressed the issue, particlularly where, as here, there is no disagreement among the circuits that have addressed the issue. Moreover, if the Supreme Court wasn't troubled enough about these disputes to even accept certiorari, I don't know how a federal circuit that has not addressed the issue could decide against the unanimity of the prevailing decisions without damaging its crediblity and public confidence in our judicial system (and everything we hold dear hangs on that faith; it's much more about that faith than an actual effective functioning of the courts). Finally, as time passes and stare decisis becomes a factor, how is the Supreme Court going to be in any position to find there is no constiutional right to same sex marriage?

Defenders of traditional marriage have three real shots left.

The 6th Circuit (Mich, Ohio, Kentucky, Tenn) has already heard arguments about same-sex marriage and the court looks to be divided 2-1. The swing vote on the court is a pretty staunch conservative jurist, but one who is a bit unpredictable (he wrote the first opinion upholding Obamacare, for instance).

The Fifth Circuit (Texas, Louisiana, Mississippi) has yet to hear argument, but when they do, they will have opinions coming in opposite directions - a federal judge in Texas invalidated SSM bans, while a judge in Louisiana upheld similar bans. This will be the first lower-court "split," and the 5th circuit has some conservative judges.

I think the best bet is the 11th Circuit (Fl, GA, Ala). The court is deeply conservative and has no problem being an outlier among federal courts. I don't know what the forecast is for a case coming up in that circuit.

[TripletDaddy]

"defenders of traditional marriage." lol. oh, applejack, you are a riot.

[SeattleUte]

"defenders of traditional marriage." lol. oh, applejack, you are a riot.

He should have just said the haters.

[Color Me Badd Fan]

Even if this went to the Supreme Court, there's no way they would uphold the bans. Kennedy is more libertarian than conservative, and the fundamental question is whether the law will expand or limit the scope of the federal and state governments. If it does expand the scope, then there better be a pretty good reason. I wouldn't be surprised if Roberts also jumped on the majority decision so the court didn't look so divided. In the scheme of things, gay marriage is small potatoes compared to things like scaling back the power of the executive branch and the administrative state.

Which is exactly what the Obamacare subsidy cases go right to the heart of. The intent and the language of the subsidy statute says one thing, but the Obama administration through the IRS just wants to do something else because of political convenience. Giving subsidies to people that buy policies on the federal exchange is in clear violation of the statute, and saying the IRS can just give them anyway is a clear infringement on Congress's power.

[Jeff Lebowski]

Church press release:

http://www.mormonnewsroom.org/articl...t-announcement

[Pheidippides]

Church press release:

http://www.mormonnewsroom.org/articl...t-announcement

Again with the sexual orientation, instead of "suffering from same sex attraction" or similar. I approve.

[Uncle Ted]

Church press release:

http://www.mormonnewsroom.org/articl...t-announcement

Church leaders will continue to encourage our people to be persons of good will toward all, rejecting persecution of any kind based on race, ethnicity, religious belief or non-belief, and differences in sexual orientation.

So the church is cool with gay scoutmasters... Cool but there goes Walter's out.

[Dwight Schr-ute]

Same-sex marriage coming to Utah

Maybe the LDS church will established a (New) Zion in Louisiana...


http://www.nola.com/politics/index.s...iana_rema.html

It might be time to get out your handcarts and grease up the wheels.

Are you advising the saints or the homosexuals here?

[SeattleUte]

Church press release:

http://www.mormonnewsroom.org/articl...t-announcement

Finally one that is to the point and says something.

[byu71]

I guess the Supreme Court has my attitude. Who give a shit about this anymore. Marriage is no big deal.

[Applejack]

"defenders of traditional marriage." lol. oh, applejack, you are a riot.

I thought that's what they were called. My bad.

[TripletDaddy]

Gay marriages resume in Utah. Manu Ginobli attends!

http://www.sltrib.com/sltrib/news/58...court.html.csp

In Utah, gay and lesbian couples began marrying about 11 a.m. — less than an hour after the 10th Circuit Court of Appeals issued a mandate lifting a stopgap it had put on any movement toward the legalization of same-sex marriage. The appellate court’s mandate ordered states over which it presides to stop enforcing their bans on same-sex unions, which in June the appeals court found violate the 14th Amendment’s guarantees of equal protection and due process.
"Not to issue [a mandate] would be a violation of the 10th Circuit’s mandate and a violation of these couples’ constitutional rights," Salt Lake County District Attorney Sim Gill told The Salt Lake Tribune. "We’ve given the go-ahead to begin issuing [marriage] licenses right away."

Meanwhile, the guv is bummed

http://www.sltrib.com/sltrib/politic...rbert.html.csp

Utah’s governor and attorney general sent letters to state and county officials Monday directing that same-sex marriages be recognized and that all legal benefits associated with marriage be bestowed on couples who take advantage of this new right.
Republican Gov. Gary Herbert said he was surprised and disappointed that the U.S. Supreme Court sidestepped the issue, which in effect legalized same-sex marriages here, but he accepts the decision.

[Applejack]

Gay marriages resume in Utah. Manu Ginobli attends!

lol. That makes sense; he's Argentinian, which means he thinks he's European, which means he's anti-family.

[HuskyFreeNorthwest]

I don't really think that is Manu Ginobli.

[imanihonjin]

I don't really think that is Manu Ginobli.

Yep, too cleanly shaven (no neck beard action) and too much hair on top of his head.