Gay marriage in Utah put on hold

[colton]

https://news.yahoo.com/us-supreme-court-temporarily-blocks-gay-marriage-utah-160412724.html

US Supreme Court temporarily blocks gay marriage in Utah


Washington (AFP) - The US Supreme Court on Monday temporarily blocked gay marriages in Utah pending the western state's appeal of a federal judge's ruling allowing same-sex marriage.

Utah had filed an emergency request to stay the judge's ruling, which struck down as unconstitutional a state law banning same-sex marriage.

In a brief decision, liberal justice Sonia Sotomayor granted the request by Utah's attorney general Sean Reyes "pending final disposition of the appeal by the United States Court of Appeals for the Tenth District."

In his December 20 ruling, federal district judge Robert Shelby said the Utah ban -- approved by voters in a referendum in 2004 -- violated the right of same-sex couples to equal protection under the law.

Besides temporarily shutting down same-sex marriages in Utah, the ruling was important because it put in question gay marriage bans adopted by 30 US states.

Seventeen US states and the federal capital Washington DC have so far legalized same-sex marriage.

Since Shelby's ruling, hundreds of same-sex couples have married in Utah, a conservative state with a large Mormon population.

It is unclear what would happen to those marriages if the federal appeals court in Denver, Colorado upholds the state's ban on gay marriages.

In the United States, it falls to states to make the laws governing marriage.

In Utah's request for a stay of Shelby's ruling, governor Gary Herbert cited a Supreme Court decision at the end of June in the case of "Windsor v. United States" that reaffirmed that principle.

In that decision, the Supreme Court struck down a federal law that refused marriage benefits to legally married homosexuals. But it recalled that marriage was a matter for the states.

Herbert argued that Shelby had ignored "Windsor's repeated reaffirmations of the States' virtually plenary authority over marriage."

"The district court's due process analysis is contradicted, not supported, by Windsor," he contended.

Sotomayor, who is in charge of emergency requests for a region that includes Utah, also recently granted a request by a religious organization to stay a provision in President Barack Obama's signature health care reform law requiring coverage of birth control methods.

 

[YB85]

Thank God. With all the civil rights I was losing by having everyone being treated equally, I wasn't even sure I was in America any more. Thanks Obama.

 

[green]

Two things: 1 - Why is government even in the marriage business, and 2 - I'm sick of Utah being called a "conservative" state. High taxes, government involvement in every aspect of our lives, etc. We are not a conservative state. You can have guns here and that is it.

 

[Harambe]

Can't wait for the ruling. Posted anywhere when that'll be?

 

[colton]

Can't wait for the ruling. Posted anywhere when that'll be?

This will surely make its way up the Appeals Court to the Supreme Court, so it'll likely be a good long while.

The critical questions are: Do states have a fundamental right to define marriage? Or do gays have a fundamental right to marry? The Supreme Court has not yet ruled that either of those two is a right more fundamental that the other, and so in my opinion I think the decision to keep the current law until/unless the second is deemed more fundamental than the first is a good one.

 

[Beantown]

Two things: 1 - Why is government even in the marriage business, and 2 - I'm sick of Utah being called a "conservative" state. High taxes, government involvement in every aspect of our lives, etc. We are not a conservative state. You can have guns here and that is it.

1: It would be dangerous if a government didn't recognize marriage

2. Utah ranks in the lower half of taxes. Why do you think so many business are coming to Utah?

 

[Beantown]

Thank God. With all the civil rights I was losing by having everyone being treated equally, I wasn't even sure I was in America any more. Thanks Obama.

Its not about the Bible. Its about the creation of life. Marriage has always been about creating families. Only heterosexual relations can create offspring.


That being said I am not against gay marriage. Heterosexual and homosexuals should be seen as socially equal but they are obviously not biologically equal.

 

[Harambe]

This will surely make its way up the Appeals Court to the Supreme Court, so it'll likely be a good long while.

The critical questions are: Do states have a fundamental right to define marriage? Or do gays have a fundamental right to marry? The Supreme Court has not yet ruled that either of those two is a right more fundamental that the other, and so in my opinion I think the decision to keep the current law until/unless the second is deemed more fundamental than the first is a good one.

If you replace that bolded word with any other word that straight citizens have rights to(bare arms, press, medicare/medicaid), you'll see it the way I see it.

Do the states have the right to define marriage is a sticky question, and the corner you should fight from if the "NO GAYS" side wants to win. You answer Yes, then it's easy and simply because of a definition that states can stop gay couples from the marriage title. But if it's no, we need to figure out whose domain that is. We can not give it to religion, as there are just so many religions with different opinions. The government can't have it, because marriages allow certain federal rights and privileges to the individuals. Because those rights would then be disallowed by the state, the state is breaking the 14th amendment.

I just don't see how either side can win, honestly.

 

[Darkwing Duck]

Its not about the Bible. Its about the creation of life. Marriage has always been about creating families.

No it hasn't. Try again.

 

[Harambe]

Its not about the Bible. Its about the creation of life. Marriage has always been about creating families.

It could be argued that the Sumerians wanted a slave more than someone to mother their children. The way the procured a wife would very much back that up.

 

[Stoked]

Called it.

Ultimately I think it gets upheld and gay marriage becomes legal in Utah.

 

[YB85]

Called it.

Ultimately I think it gets upheld and gay marriage becomes legal in Utah.

I agree, I just hate that tax money is going toward tilting at this particular windmill.

 

[Stoked]

I agree, I just hate that tax money is going toward tilting at this particular windmill.

I also agree. So many better ways to both protect the sanctity or marriage and wisely use tax dollars.

 

[Beantown]

No it hasn't. Try again.

LOL are you on drugs? American society has always been built around the family. Ever person comes from a father and a mother. Marriage is in place to sustain that family relationship. Most all heterosexual marriages involve children.


Are you pretending to be dumb?

 

[Darkwing Duck]

LOL are you on drugs? American society has always been built around the family. Ever person comes from a father and a mother. Marriage is in place to sustain that family relationship. Most all heterosexual marriages involve children.


Are you pretending to be dumb?

So you're saying marriage didn't exist before 'murica?

 

[Gameface]

LOL are you on drugs? American society has always been built around the family. Ever person comes from a father and a mother. Marriage is in place to sustain that family relationship. Most all heterosexual marriages involve children.


Are you pretending to be dumb?

Thus all those parts of the constitution that refer to the family.

 

[Bronco70]

The critical questions are: Do states have a fundamental right to define marriage? Or do gays have a fundamental right to marry?

States rights never trump the constitution. Not allowing gay marriage is purposefully discriminating against a particular (and significant) segment of society. How is that okay?




Sent from the JazzFanz app

 

[TroutBum]

Two things: 1 - Why is government even in the marriage business, and 2 - I'm sick of Utah being called a "conservative" state. High taxes, government involvement in every aspect of our lives, etc. We are not a conservative state. You can have guns here and that is it.

You can also vote straight Republican for no other reason than you recognize the name because you got 989 mailers two weeks before the election.

Its not about the Bible. Its about the creation of life. Marriage has always been about creating families.

Interesting. Me and every other Mormon I know made sure our wives were on birth control a month or two before we got married because -- wait for it -- we wanted to bump uglies and NOT have a family. TBH, I only got married so I could have someone to do my laundry and mow the grass.

Only heterosexual relations can create offspring.

This guy is a pretty deep thinker. I wonder what would happen if we put 100 of him on a deserted island...

That being said I am not against gay marriage. Heterosexual and homosexuals should be seen as socially equal but they are obviously not biologically equal.

I'm not against black people. I think negro's should be seen as socially equal but they are obviously not biologically equal.

Are you pretending to be dumb?

States rights never trump the constitution. Not allowing gay marriage is purposefully discriminating against a particular (and significant) segment of society. How is that okay?

You make it sound so simple. It's almost like, you know, it really is that simple. Which, of course, it is.

 

[Bronco70]

The funniest thing about Beantown's argument is his insisting that marriage has always been about creating families. Is a gay marriage not a family?

There are plenty of children without families that want nothing more than the opportunity to be a part of one.


Sent from the JazzFanz app

 

[Beantown]

The funniest thing about Beantown's argument is his insisting that marriage has always been about creating families. Is a gay marriage not a family?

There are plenty of children without families that want nothing more than the opportunity to be a part of one.


Sent from the JazzFanz app

Did I ever say I was against gay marriage or gay people adopting?