Judge Rejects Utah’s Attempt To Block Gay Marriage

State trying to put Friday's gay marriage decision on hold

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UPDATE: 1:40 p.m.

A federal judge ruled Monday that gay marriages in Utah can continue while the state appeals his Friday ruling that its ban on same-sex marriage is unconstitutional.

The state had attempted to put the ruling on hold while they appealed U.S. District Court Judge Robert J. Shelby’s decision, but he denied its request. Lawyers tried to block gay couples from marrying pending the results of the appeal case.

Same-sex couples around the state celebrated Shelby’s surprise ruling Friday that that Utah’s law against gay marriage violates the 14th Amendment. More than 100 gay couples rushed to the county clerk’s office in Salt Lake City to get marriage licenses, and hundreds more were expected to show up Monday morning to get their marriage licenses before they knew that Shelby’s ruling would stand.

Shelby’s ruling was considered a surprise in Utah, one of the most conservative states in the nation. Utah is home to the Mormon church, which provided much of the firepower behind California’s short-lived ban on same-sex marriage. Republican Gov. Gary Herbert expressed dismay at the ruling, saying, calling Shelby an “activist federal judge attempting to override the will of the people of Utah.”

[AP]

4 comments
DeweySayenoff
DeweySayenoff

"Republican Gov. Gary Herbert expressed dismay at the ruling, saying, calling Shelby an “activist federal judge attempting to override the will of the people of Utah.”"

And by slamming his foot so deeply into his mouth, Gov. Herbert proves he knows nothing about the reason we have a Constitution in the first place.  Religiously-based repression isn't going to fly as long as we have a 14th amendment.  And the 10th amendment says that the U.S. constitution trumps state constitutions, so it doesn't matter how popular a law is.  Utah is only the latest of these repressive regimes (Hey, when you're as gerrymandered as some of these red states are, it's not a state anymore.  It's a regime.) that deny all people equal access to the civil rights enjoyed by others to fall.  The others will do the same.

You see, most of these states used language similar (if not exact) to what DOMA said. And the Supreme Court said that DOMA is unconstitutional.  All it will take is to litigate it in those states still with gay marriage bans and viola', no more bans.  Those states will then be required under the 14th amendment to allow anyone to get married (provided they're consenting adults).

In a few years, gay marriage will be allowed across the nation.  And since the Supreme Court has already ruled on it, there is no point to appealing.  Utah's law is toast.  It will be shot down by the SCOTUS, assuming they even bother to hear it, given the precedents cited by the judge's ruling (If they don't hear it, it's because there are no new constitutional issues involved and prior rulings state a constitutionally sound position).

It couldn't happen to a more deserving bunch of self-righteous bigots.

downpour
downpour

If god didn't want people to be gay then why did he make them that way? Religious people must think god is either inept or sadistic.

The other thing that confuses me is this notion of homosexuality being a 'choice'. As a heterosexual male I am quite certain that I could not choose to be gay. My sudden and overwealming attraction to girls was a result of puberty and clearly a biological effect, I had no choice in the matter.

It is most likely the people who think it is a choice, are secretly bisexual/gay and are just repressing their attraction to people of the same gender.

If two consenting adults want to declare their love for each other in front of their friends and family and nobody is being harmed in the process, then nobody has a right to stop them.

The uninformed hatred of ancient people who didn't have a clue about the universe around them is no longer relevant in the modern world. These days Christians and Muslims ignore most of the rules in their holy books anyway. They only pick on this one issue as a way of justifying their irrational hatred and fear of their fellow man.

AnthonyMiskulin
AnthonyMiskulin

I used to be Gay & can tell you that God didn't make anyone that way. People become Homosexuals through abuse neglect and sexual torture & pornographic addiction  Etc. I do have a bible study specific for people in search of answer as to the why. Please remember Christ Died for the sins of all mind kind even gay people. Merry Christmas 

eagle11772
eagle11772

@downpour Your post makes too much sense for many people to understand or agree with.  Their guiding philosophy seems to be: "I have a GOD-GIVEN RIGHT to be ignorant, and I'm going to act on it ! :)"

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