A judge legalizes gay marriage in Utah of all places

[Ivysaur]

Federal judge rules Utah's same-sex marriage ban unconstitutional

A federal judge ruled Utah's ban on same-sex marriages unconstitutional Friday, writing in his opinion that it "perpetuates inequality."

"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," Judge Robert J. Shelby, of the United States District Court for the District of Utah, wrote in his opinion. "Accordingly, the court finds that these laws are unconstitutional."

https://www.washingtonpost.com/blog...me-sex-marriage-ban-unconstitutional/?hpid=z3

According to Twitter reports, over 200 couples are queuing to get married before the Attorney General's stay petition goes through (if it does), and in case the 10th Circuit of Appeals restores the law.

If the ruling survives though, this would make UTAH the 18th state to allow gay marriages, and would most likely make it open season for any other anti-gay laws out there.

 

[T The Manager]

Tbh, I don't care, never have and never will. But let them do what they wanna do, I ain't the one to judge. I don't see a problem with it either, whatever floats their boat I guess. But you wont see me out there rallying to legalize gay marriage.

 

[Kanzler]

This was also a (soon to be) victory for the 14th Amendment, which establishes the supremacy of federal law over state law - states can't just do whatever they want. The judges ruled that the ability for anybody to marry without discrimination of their sex was protected by at the federal level, and states have no right to meddle.

 

[Mark Kamill]

Wasn't this also passed in New Mexico as well? Anyway, I'm glad for them. The faster we allow others to be comfortable with who they are, the faster we can focus on real problems.

 

[Nick]

This is wonderful news. Utah is by far the most conservative state in the United States, even more so from the southern states. At least where this issue is concerned. I think this is a large victory for the homosexual population living in Utah.

 

[The Mighty Kamina]

I really hope the conservatives challenge this ruling and take it to the Supreme Court. That way, we could just end this tedious state-by-state legalization and just legalize it nationwide in one fell swoop.

 

[Nick]

I really hope the conservatives challenge this ruling and take it to the Supreme Court. That way, we could just end this tedious state-by-state legalization and just legalize it nationwide in one fell swoop.

That's Congress's job, not the Supreme Court's. The Supreme Court doesn't have the power to legalize anything. It just rules on the Constitutionality of an issue or bill.

 

[Kanzler]

What is the likelihood that Congress will continue to support something ruled not to have any constitutional legitimacy? I don't know myself which is why I am asking, but the SC can have influence beyond the act of voting on laws - perhaps such that it is effectively deciding the fate of such a motion itself.

 

[Nick]

What is the likelihood that Congress will continue to support something ruled not to have any constitutional legitimacy? I don't know myself which is why I am asking, but the SC can have influence beyond the act of voting on laws - perhaps such that it is effectively deciding the fate of such a motion itself.

I don't think the issue will even see the light of day in Congress. I'm not really sure why, since it is a nationwide issue -- hell, it's a worldwide issue at this point -- but it's seen as a state ruling rather than federal, and the power is simply left to states. I don't really keep up with this issue as well as I think I should to be replying to this thread, but I believe the only ruling the Supreme Court has ruled is that banning gay marriage is unconstitutional. States themselves can still choose not to pass the law, regardless of their reasonings behind it. The only thing they can't do is ban gay marriage.

 

[Sir Codin]

What is the likelihood that Congress will continue to support something ruled not to have any constitutional legitimacy? I don't know myself which is why I am asking, but the SC can have influence beyond the act of voting on laws - perhaps such that it is effectively deciding the fate of such a motion itself.

Well, given the recent government shut down and the Republican controlled House of Representatives, I'd say gay marriage would have a way to go before Congress agrees on it. Of course, the optimistic side of me wants to believe that the Republicans will, in a moment of uncharacteristic insight, realize that they're fighting what increasingly becoming a losing battle. At least, to me it seems like a losing battle because ask anyone where I live and they'll tell you gay marriage shouldn't be banned.

 

[Corvus of the Black Night]

I think the law seriously needs to stop snooping into people's personal lives like that. Legalize it country wide. Jeez.

 

[The Mighty Kamina]

That's Congress's job, not the Supreme Court's. The Supreme Court doesn't have the power to legalize anything. It just rules on the Constitutionality of an issue or bill.

But they can say any and all laws banning marriage equality are unconstitutional, and in the process legalize it. It's the best shot right now, since the state-by-state maneuver will probably stop dead in its tracks once all of the blue and swing states have legalized it, because I feel there will have to be a federal law or supreme court ruling before Mississippi or Alabama legalizes it.

 

[Esper]

At this point I would just rather something go to the US Supreme Court so that we could get a ruling making discrimination based on sexual orientation illegal. That way we could get past the marriage debate (which is a losing battle for anyone against equal marriage) and also head off any potential other challenges to LGBT people having equal protection and access to things. It's not exactly what some people would like for courts to be able to do - create law, that is -but they aren't doing that as much as they are just stripping away laws that restrict people's legal choices, i.e., when you make marriage bans illegal you allow people to marry without having to create any laws specifically saying people can get married.

I just worry because the ruling that struck down parts of DOMA (Defense of Marriage Act, which made it illegal for the federal government to recognize same-sex marriage) was a 5-4 decision. There are several justices I just can't see ever supporting gay people either because they are personally against it or they are so entrenched in the "states' rights" mindset and therefore believe that almost anything a state decides to do should be allowed regardless of what the rest of the country is doing.

And Congress, ha! They're never going to get anything done as long as there's that faction which wants to shut everything down and stop the president from accomplishing anything regardless of what it is and whether they even agree with it.

 

[Livewire]

If it can happen in Utah, it can happen in just about anywhere else in the US. Which is really encouraging. I still think the domino's are beginning to fall here, one state at a time. And for real equality to happen, all 50 need to be on board. It's really cool to be able to see history happening, even if it's pretty slow.

 

[Tyrael]

This is wonderful news. Utah is by far the most conservative state in the United States, even more so from the southern states. At least where this issue is concerned. I think this is a large victory for the homosexual population living in Utah.

You must not have ever been to Texas if you think Utah is the most conservative state in the country :P

I'm extremely happy to see this got passed, it's about time this country is taking more steps toward letting people have the freedom to marry as they please.

 

[Ivysaur]

Chief Justice Roberts said when killing Prop 8 that "it could lead to a slippery slope in which all gay marriage bans are striken down", as if it were something bad. The thing is, it seems he was right. Thankfully.

 

[Silais]

Perhaps people are finally beginning to realize just how inhumane it is to deny equal rights to all peoples, regardless of their gender, orientation, skin color, or affiliation. I hope to see changes made within other states soon.

 

[Ivysaur]

Updates: The 10th Circuit of Appeals refused to issue an emergency stay because same-sex marriages cause "no irreparable harm" to the State and "they didn't prove they had a significant likelihood of winning the appeal". Now the Utah authorities will have to appeal to Justice Sonia Sotomayor, who is a guaranteed no. In other words, there is a almost-certain chance same-sex marriages will continue indefinitely until the appeal is heard in a few months.

 

[Taemin]

To be honest, the Pope is okay with it, Obama is okay with it, as are plenty of other people who hold American society in the palm of their hands. Loads of celebrities are okay with it, or are coming out themselves. To me.. I dunno, it just feels like progress is slowly being made, and I know it pisses some people off that not ALL OF THE STATES ARE OKAY WITH IT, but really it's one step at a time. I think it's proof that America is beginning to open it's eyes, or just doesn't care one way or the other, rather than forcing it to be a taboo as it once was.

If it stays legalized in Utah, there's hope for plenty of other states. It's a good start.

 

[Phantom1]

I am just happy that my state has legalized same sex marriage.

I mean, it's cool and all that other states are getting there too, but the happiness that I felt when my state legalized.

To get married in my home state, I know there were more than a few tears shed by many around here.