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Utah's Marriage Fight Continues

There has been a sudden shift in Utah, as the Salt Lake Tribune reports that the state is evenly split 48-48 when asked the question "Should same sex couples be allowed to get state issues marriage licenses."

Poll: Utahns evenly split on same-sex marriage

So are the "red" states really turning around? It's quite possible. The same 48-48 result was discovered in Texas last year: See Link Page 5
 
There has been a sudden shift in Utah, as the Salt Lake Tribune reports that the state is evenly split 48-48 when asked the question "Should same sex couples be allowed to get state issues marriage licenses."

Poll: Utahns evenly split on same-sex marriage

So are the "red" states really turning around? It's quite possible. The same 48-48 result was discovered in Texas last year: See Link Page 5

Many conservatives are likely throwing in the towel, and realizing the inevitability, but nonetheless minds are being changed on this issue and fast.
 
Many conservatives are likely throwing in the towel, and realizing the inevitability...

They do slip a hint every now and again that they really feel that way, and there was a recent poll showing both parties believe it is inevitable.

... minds are being changed on this issue and fast.

Literally overnight.
 
Many conservatives are likely throwing in the towel, and realizing the inevitability, but nonetheless minds are being changed on this issue and fast.

It's amazing what just two weeks of marriage equality can do to people's attitudes.
 
It's amazing what just two weeks of marriage equality can do to people's attitudes.

There are some other factors at work here, namely fatigue. The media is saturated with this issue and people may just be tired of it and resigned to the ban's fate. A latent phase that people naturally have in reaction to new issues may have passed as well, that is, marriage equality has lost its novelty. It isn't a new "thing" and people are really okay with it now.
 
Utah man who went on hunger strike says fighting homosexual movement is ‘mission in life’

What is the psychology behind this behavior? These people are convinced that they are saving the world.

If you talk to people like this, they have the notion that everything in the world is a "test by God", and what we pass as far as laws is a statement of what we consider moral and good, so if we pass laws tolerating homosexuals God is going to see and judge that.

That's how they think. They don't understand any distinction between civic self and moral self.
 
The state has just hired additional counsel whom is now asking for a 10 day delay filing the state's opening brief. The court of appeals however forewarned that only extraordinary circumstances would merit such an extension. In any case, ten days won't push the 2/25 reply deadline too close to a possible oral arguments date. The next possible date for hearing cases comes the March 20 and 21, but kitchen has not appeared yet. Also note that Oklahoma is in the 10th Circuit and Bishop could be consolidated with this case. At the latest oral arguments could be scheduled in May, the next available opportunity.
 
The state has just hired additional counsel whom is now asking for a 10 day delay filing the state's opening brief. The court of appeals however forewarned that only extraordinary circumstances would merit such an extension.

I am not convinced that these court "warnings" have any meaning whatsoever.

The Supreme Court warns that lower court rulings will not be overruled except under extraordinary circumstances, and in the light of extraordinary evidence. But, it overruled the refusal of the stay of Kitchen in order to promote "gender diversity" in Utah marriages.


In any case, ten days won't push the 2/25 reply deadline too close to a possible oral arguments date. The next possible date for hearing cases comes the March 20 and 21, but kitchen has not appeared yet. Also note that Oklahoma is in the 10th Circuit and Bishop could be consolidated with this case. At the latest oral arguments could be scheduled in May, the next available opportunity.

Frustrating as it is, it is probably true that delays will only work in our favor. The direction of public opinion has been inexorably and rapidly in favor of gay marriage. Evidence of the benefit of gay marriage to American society only accumulates. These haters are fighting an uphill battle. And the more they delay, the steeper becomes the gradient against which they must labor.
 
I cannot imagine that - at this point - the arguments to be advanced are so novel that a delay is warranted. But it will be granted if only to appease a state, make nicey for SCOTUS, and align it with the OK case. Also, with a stay in effect the need for fast action seems to have dissipated.
 
Also, with a stay in effect the need for fast action seems to have dissipated.

Not quite, Utah is not honoring the marriages performed except in the case of state tax returns, and Holder has advised federal agencies to honor them. Moreover, the ACLU and 100 couples are filing a class action to force recognition of their marriages. Altogether it's imperative that this appeal is considered quickly, and the court of appeals has ordered expedited consideration for the aforementioned reasons.
 
I cannot imagine that - at this point - the arguments to be advanced are so novel that a delay is warranted.

What is unimaginable is that they will be able, after all this time of thinking about it, to come up with an argument at all!


But it will be granted if only to appease a state, make nicey for SCOTUS, and align it with the OK case. Also, with a stay in effect the need for fast action seems to have dissipated.

Yes, exactly.
 
I am not convinced that these court "warnings" have any meaning whatsoever.

The Supreme Court warns that lower court rulings will not be overruled except under extraordinary circumstances, and in the light of extraordinary evidence. But, it overruled the refusal of the stay of Kitchen in order to promote "gender diversity" in Utah marriages.

No, that is not why they granted the stay, as we've addressed to you on this post many times now.

I'm wondering if the 10th Circuit can add cases to dates even after their calendar has been released?
 
I'm wondering if the 10th Circuit can add cases to dates even after their calendar has been released?

Yeah it can do anything it wants within equitable reason. If a higher court believes procedural inequities led to a biased ruling the Supreme Court will remand it for rehearing.
 
No, that is not why they granted the stay, as we've addressed to you on this post many times now.

The sum total of what we know is that Utah advanced laughably absurd arguments against gay marriage, and the Supreme Court found in Utah's favor. Period.

Anything beyond that is just speculation.

If SCOTUS had wanted us to understand something other than that it agreed with Utah, it could have issued an explanation of its ruling. It did not.
 
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