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

[Hissyspit]

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

[vlyons]

1. Can Texas be far behind?

[Myrina]

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.

[Chipper Chat]

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.

[geek tragedy]

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

[louis-t]

3. Giggety.

[silvershadow]

11. ^^This. lol nt

[closeupready]

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

[Bryce Butler]

5. Awesome news...

but some states will still kick and scream.

[mahatmakanejeeves]

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

The presents are being handed out early this year.

[Vashta Nerada]

7. Yes!

That's great news!

[Bohunk68]

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.

[rocktivity]

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

Be still my heart! Bring on the smelling salts.


rocktivity

[Change has come]

10. When do the weddings start?

WOW

[Treant]

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.

[OKNancy]

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.

[rhett o rick]

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

Just wondering.

[Treant]

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.

[closeupready]

14. Has Sarah Palin tweeted on this yet?

Can't wait to read that one, lol.

[Major Hogwash]

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/

[VA_Jill]

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

Will Moroni fall off the Temple?

[Treant]

19. Moroni did not fall

He was pushed by his own hubris.

[onehandle]

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

...in Utah.

No big loss.

[sheshe2]

21. Kick! n/t

[mountain grammy]

22. Great news!

[SoapBox]

23. Yay!

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

[blkmusclmachine]

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.

[GodlessBiker]

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

[LadyHawkAZ]

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

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

[24601]

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.

[davidpdx]

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.

[Tx4obama]

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

[davidpdx]

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.

[Tx4obama]

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

[Tx4obama]

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

[moonbeam23]

35. You might be surprised

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

[Ken Burch]

37. Which raises the question...

are we gonna see lesbian "sisterwives" now?

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

[Ken Burch]

36. Are the Osmonds still under sedation?

This is gonna hit all of 'em hard.