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(Talking Points Memo)   Utah tries to appeal to gay marriage, because who doesn't want a dozen husbands telling you how terrible you dress?   (talkingpointsmemo.com) divider line 23
    More: Followup, U.S. Supreme Court, Utah, Utah Attorney General, pro, 10th circuit, United States courts of appeals, Gary Herbert, same-sex couples  
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601 clicks; posted to Politics » on 10 Jul 2014 at 1:45 PM (33 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



23 Comments   (+0 »)
   
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2014-07-10 10:27:42 AM  
i1.wp.com
 
2014-07-10 10:49:37 AM  
If a Latter-Day Saint were to comment on my fashion sensibilities, I'm pretty sure I'd take it as a compliment.

We're talking about a group that wears- willingly- Garments and white short-sleeved button-down shirts.
 
2014-07-10 12:13:36 PM  
While I understand that there is no further recourse for them but the Supreme Court, I don't think they'll be very happy with any decision that comes out of the Supreme Court. In the past 11 years, Justice Kennedy has consistently been very dubious of statutes which single out gay or lesbians for special treatment.
 
2014-07-10 12:14:55 PM  

RexTalionis: While I understand that there is no further recourse for them but the Supreme Court, I don't think they'll be very happy with any decision that comes out of the Supreme Court. In the past 11 years, Justice Kennedy has consistently been very dubious of statutes which single out gay or lesbians for special treatment.


Sorry, that should be 20 years (Romer v. Evans).
 
2014-07-10 01:49:20 PM  
Well, the SCROTUM probably won't hear this one, but if they did they'd probably give us a 5-4 split in favor of the deathblow to the bans on gay marriage.
 
2014-07-10 01:52:25 PM  
Is  subby's grammatical error making anyone else's teeth ache, or am I the only one so afflicted?
 
2014-07-10 01:53:49 PM  
You know, I would think that Utah, of all states, would be open to non-traditional definitions of marriage.
 
2014-07-10 01:54:02 PM  

RexTalionis: While I understand that there is no further recourse for them but the Supreme Court, I don't think they'll be very happy with any decision that comes out of the Supreme Court. In the past 11 years, Justice Kennedy has consistently been very dubious of statutes which single out gay or lesbians for special treatment.


Plus, SCOTUS has already rejected similar appeals on behalf of Oregon and Pennsylvania in the past month or so.
 
2014-07-10 01:54:51 PM  

BMulligan: Is  subby's grammatical error making anyone else's teeth ache, or am I the only one so afflicted?


Yes...
 
2014-07-10 01:55:32 PM  
Well, if it's a closely held state, they should be able to determine their citizens' right to access marital status according to the states' officeholders personal beliefs.
 
2014-07-10 02:01:36 PM  

HeartBurnKid: You know, I would think that Utah, of all states, would be open to non-traditional definitions of marriage.


Mormons didn't even revise the doctrine that black people were cursed by god until 1978. Something tells me they're open-minded exactly to the extent required by their beliefs and not a mite further.
 
2014-07-10 02:01:38 PM  

HeartBurnKid: You know, I would think that Utah, of all states, would be open to non-traditional definitions of marriage.


Parlay Hobby Lobby into some serious polyandry.
 
2014-07-10 02:05:28 PM  

HeartBurnKid: You know, I would think that Utah, of all states, would be open to non-traditional definitions of marriage.


Possibly they're still bitter about having to nix their version (along with some other unacceptable religious lifestyle crap codified as law at the time) as a de facto prerequisite to statehood?

Wouldn't be any weirder than the people in Alabama that are still stuck on the South Rising Again.

Though, in all honesty, I have no moral or ethical issue with legalized polygamy, so long as someone presents a version that solves the functional questions of inheritance in case of unfiled wills, control over joint property, parental guardianship, etc.  Seems like none of those are insoluble, but the current polygamists are all crazy cult-compound/commune assholes who don't even understand that women are also human beings so understandably they haven't put forward a precis or proposed set of laws/state constitutional amendments on the issue.
 
2014-07-10 02:19:30 PM  
I don't see how they think they can win at the Supreme Court when they are in a scenario just like California even if the Supreme Court were to rule narrowly on this. Utah issued ~900 marriage licenses to gay and lesbian couples as a result of screwing up the appeals process early on, so that means you have to justify nullifying those licenses.
 
2014-07-10 02:21:35 PM  
The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.
 
2014-07-10 02:23:14 PM  

Theaetetus: The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.


Someone mentioned earlier that the 8th Circuit had upheld Nebraska's amendment banning same-sex marriages marriages in 2006.
 
2014-07-10 02:42:34 PM  

qorkfiend: Theaetetus: The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.

Someone mentioned earlier that the 8th Circuit had upheld Nebraska's amendment banning same-sex marriages marriages in 2006.


Yeah, relying on Baker v. Nelson. I think, based on Windsor, that that's no longer good law.
 
2014-07-10 02:49:04 PM  

Theaetetus: qorkfiend: Theaetetus: The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.

Someone mentioned earlier that the 8th Circuit had upheld Nebraska's amendment banning same-sex marriages marriages in 2006.

Yeah, relying on Baker v. Nelson. I think, based on Windsor, that that's no longer good law.


Which is where the Supreme court comes into play. When one federal circuit court has gone one direction on an issue, and another federal circuit court has gone another direction, the Supreme court gets to figure out which ruling will be applied nationally.
 
2014-07-10 02:52:24 PM  

Zandor: Theaetetus: qorkfiend: Theaetetus: The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.

Someone mentioned earlier that the 8th Circuit had upheld Nebraska's amendment banning same-sex marriages marriages in 2006.

Yeah, relying on Baker v. Nelson. I think, based on Windsor, that that's no longer good law.

Which is where the Supreme court comes into play. When one federal circuit court has gone one direction on an issue, and another federal circuit court has gone another direction, the Supreme court gets to figure out which ruling will be applied nationally.


What, really? Since when has that ever happened?

Next, you're going to try to tell me that the Supreme Court has, like, 9 justices or something.
 
2014-07-10 02:52:46 PM  

Theaetetus: qorkfiend: Theaetetus: The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.

Someone mentioned earlier that the 8th Circuit had upheld Nebraska's amendment banning same-sex marriages marriages in 2006.

Yeah, relying on Baker v. Nelson. I think, based on Windsor, that that's no longer good law.


Right, but the Supreme Court's already got their appeals court conflict, if they want it.
 
2014-07-10 03:01:37 PM  

qorkfiend: Theaetetus: qorkfiend: Theaetetus: The Utah case is certain to pique the Supreme Court's interest, but the justices usually look for cases that involve split rulings from federal appeals courts, said Douglas NeJaime, a University of California-Irvine law professor. The Supreme Court may wait and take up the matter until some federal court rules to uphold a gay marriage ban, something that traditional marriage advocates say may happen any day now, no really, stop laughing.

Someone mentioned earlier that the 8th Circuit had upheld Nebraska's amendment banning same-sex marriages marriages in 2006.

Yeah, relying on Baker v. Nelson. I think, based on Windsor, that that's no longer good law.

Right, but the Supreme Court's already got their appeals court conflict, if they want it.


Yeah. I missed the Nebraska decision. It wasn't appealed, though. It looks like the only cases moving in the 8th circuit are in the Dakotas, but they're still pre-judgement. There's a state litigation in Arkansas, but that seems to be bouncing up and down in the state supreme court without going federal.
 
2014-07-10 04:06:23 PM  
I find it frustrating when religious groups try to impose their views on everyone.  One of the bible thumpers at work called it "taking back the rights Christians have been forced to give up"   I asked why non Christians should have to follow Christian rules.  It was at that moment he realized I was not a Christian.  I'm fairly sure since my mom is a Baptist that he thinks of me as an apostate and thus condemned to a horrible painful death and an eternity in hell.
 
2014-07-10 04:36:05 PM  
Utah has to defend its same-sex marriage ban. The people voted to ban same-sex marriage in 2004. The Attorney General has to enforce it which has come under attack from recent court battles from a federal judge and the 10th Circuit Court of Appeals. This happened because SCOTUS waffled in ruling how Hollingsworth v. Perry should be decided, not US v. Windsor.

SCOTUS will upheld same-sex marriage bans under the 10th Amendment because Section 2 of DOMA defers the regulation of marriage to states and the voters voted to ban same-sex marriage in constitutional amendments in many of these states. The only solution is for the voters to strike down these same-sex marriage bans and legalize same-sex marriage.
 
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