Utah Judge “Agrees with Scalia,” Strikes Down Gay Marriage Ban

[DonViejo]

By Mark Joseph Stern

:::snip:::

Judge Shelby has a similar reading of the court’s rulings in Lawrence and Windsor, though he casts it in a more positive light than Scalia’s dark prophecies. In fact, Shelby seems to be teasing Scalia at times in his opinion. “In his dissenting opinion,” Shelby notes, “the Honorable Antonin Scalia recognized that [legalized gay marriage] was the logical outcome of the court’s ruling in Windsor.” He then quotes from Scalia:

In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today’s opinion ... is that DOMA is motivated by “bare ... desire” to harm couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.

Shelby’s response to this grim prediction?

The court agrees with Justice Scalia’s interpretation of Windsor. ... And Justice Scalia even recommended how this court should interpret the Windsor decision when presented with the question that is now before it.

And later, one final parting shot:

The court therefore agrees with the portion of Justice Scalia’s dissenting opinion in Lawrence in which Justice Scalia stated that the Court’s reasoning logically extends to protect an individual’s right to marry a person of the same sex.

Same-sex marriage, then, is really just one more laurel in Scalia’s legacy, following closely on the heels of Bush v. Gore and Citizens United. Scalia must be proud: Not many people can say they were integral in bringing about the end of anti-gay-marriage bans. But really, it couldn’t have happened to a better person.

full article
http://www.slate.com/blogs/outward/2013/12/20/utah_gay_marriage_judge_agrees_with_scalia_strikes_down_ban.html

[blkmusclmachine]

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

Evangelicals like the creepy rightwing religious Cult in Washington DC called The Family.

[MNBrewer]

2. I love that Scalia's dissent will hasten marriage equality!

[Vanje]

3. This is huge.

Utah.

[Change has come]

5. Right?

Fucking Utah!

[closeupready]

4. Scalia is so in love with himself that he is highly unlikely

to reverse himself, and I just LOVE how Shelby really (deliberately or not) pre-emptively defused that point, i.e., if the case comes before the SCOTUS, then Scalia will likely have to either support his own reasoning in Windsor and Lawrence and vote to affirm Shelby's decision, or else admit that he (Scalia) was wrong in those prior cases, which is something he will almost certainly never do.

[TeeYiYi]

6. Epic.

I never expected to see this.

TYY