What is new on the Gay Marriage front?

[Alnitak]

I was quite amazed to see this happen so soon as well. I sincerely thought Utah would be among the very last of the states (along with MS, AL, TN, OK, KA, KY, somewhere up there) to get marriage equality. I'm not surprised to see the governor attempting to stay the ruling, and I've heard the Utah county clerk is refusing to issue licenses - but for same-sex marriage to have been possible in Utah before other places like Oregon kind of surprised me!

Utah's case is not sponsored by any national organizations, it's not in an ordinarily friendly venue, and as such never got any real press. It is one of the oldest cases, filed in March. However, I don't think anyone expected summary judgment.

 

[T-Rexx]

The Utah experience reinforces my impression that gay rights in America will come mostly through the courts, not popular elections.

The gay rights movement is following the same path as the civil rights movement.

States like Utah will be pulled - kicking and screaming - into justice.

 

[Ninja108]

From here on out,T-Rexx,the battle will have to be fought through the courts. Other then Oregon,and possibly OH,CO,in the next couple of years,the bans are in place and in states that don't have a constituional ban,the legislatures are NOT going to let gay marriage get through.
As for the Bible Belt,they've always had to be dragged into the civil rights movement,this will be no different.

 

[scream4ever]

Wow I'm away from my computer for 12 hours and another state legalizes it?!

Now there's really no reason for judges in any of the other cases to not issue summary judgments, especially Virginia.

 

[palbert]

The text of the UTAH decision, Kitchen v, Herbert, is here:

http://sblog.s3.amazonaws.com/wp-content/uploads/2013/12/Kitchen_et_al_v._Herbert_et_al_12-20-13.pdf

SCOTUSblog discussion is at http://www.scotusblog.com/2013/12/utahs-same-sex-marriage-ban-falls/

 

[CoolBlue71]

I was quite amazed to see this happen so soon as well. I sincerely thought Utah would be among the very last of the states (along with MS, AL, TN, OK, KA, KY, somewhere up there) to get marriage equality. I'm not surprised to see the governor attempting to stay the ruling, and I've heard the Utah county clerk is refusing to issue licenses - but for same-sex marriage to have been possible in Utah before other places like Oregon kind of surprised me!

I love it!

It is the state known for its Mormons.

But I can also say that Utah has had some better Republicans compared to other heavily-Republican presidential-voting states. Oklahoma (some may want to call it Oklahomo) has less of my confidence than Utah.

 

[rareboy]

Good God. The next thing Mormons will be fucking in the streets.

 

[Rolyo85]

Good God. The next thing Mormons will be fucking in the streets.

I would love to see those neatly dressed blond angels fuck each other's brains out, personally ^_^

 

[opinterph]

Today I was watching the Rachel Maddow episode where she discussed the ruling against Utah’s State Constitutional Amendment 3. The doorbell rang just as the segment concluded. It was a couple of young Mormon elders. One of them remarked that he remembered talking to me in the past and added that their return to my home must have been the result of divine providence. I grinned.

 

[Ninja108]

Read the judge's ruling,it utterly demolishes the state's arguments and trolls Scalia at the same time.

 

[Kulindahr]

The text of the UTAH decision, Kitchen v, Herbert, is here:

http://sblog.s3.amazonaws.com/wp-content/uploads/2013/12/Kitchen_et_al_v._Herbert_et_al_12-20-13.pdf

SCOTUSblog discussion is at http://www.scotusblog.com/2013/12/utahs-same-sex-marriage-ban-falls/

Assuming this is upheld, it will have one very beneficial effect: no courts will be able to hide behind the Baker decision any more to avoid the issue. OTOH, given the pace at which things are proceeding, that may well become moot due to a final word from SCOTUS.

 

[Kulindahr]

Read the judge's ruling,it utterly demolishes the state's arguments and trolls Scalia at the same time.

Just this quote in the decision should make Scalia squirm:

At the heart of liberty is the right to define one’s own concept of existence, of meaning,
of the universe, and of the mystery of human life. Beliefs about these matters could
not define the attributes of personhood were they formed under compulsion of the State.

 

[Kulindahr]

Here's what the bigots don't get:

... the State focuses on the outward manifestations of the right to marry, and not the inner
attributes of marriage that form the core justifications for why the Constitution protects this
fundamental human right.

Marriage isn't about plumbing -- as the court puts it, it's about:

privacy, dignity, and intimate association

-- matters allowing of no state interference.

 

[Kulindahr]

<waiting for right-wingers to attack the Court for inventing a new right -- the "constitutionally protected right not to procreate">

 

[frankfrank]

But I can also say that Utah has had some better Republicans compared to other heavily-Republican presidential-voting states. Oklahoma (some may want to call it Oklahomo) has less of my confidence than Utah.

To this day, and over the decades, I continue to have some respect for Orrin Hatch. He may almost always vote along party lines, but I've never known him to be one out there in front of everybody screaming hatred of gays, the poor, the homeless, other religions or atheists, etc. either.

I would STILL never vote for him, though.

 

[Kulindahr]

That's a slam dunk on the Fourteenth: both due process and equal protection are nailed down -- nice and tidy.


And I love the way Romer v. Evans comes back to haunt, and the way they quote Scalia in support of this decision.

 

[Alnitak]

Assuming this is upheld, it will have one very beneficial effect: no courts will be able to hide behind the Baker decision any more to avoid the issue. OTOH, given the pace at which things are proceeding, that may well become moot due to a final word from SCOTUS.

The gold standard in legal research Lexis Shepard's already gives Baker v. Nelson negative treatment.

<waiting for right-wingers to attack the Court for inventing a new right -- the "constitutionally protected right not to procreate">

First cousins in Utah over the age of 55 but not 65 have to prove that they cannot procreate in order to marry.

 

[Alnitak]

Appeals court has declined to stay marriages in Utah!

There is still a slim but nonzero chance the trial
Judge will change his mind but I think it's a done deal in Utah.

 

[Alnitak]

Link ^^^ http://equalityontrial.com/2013/12/...ex-marriages-district-court-hearing-tomorrow/

 

[Kulindahr]

OMG

Get in a hurry, don't do it right, and the court tells you to try again. The question is... did they rush it, or are they so convicted of their righteousness that they were sloppy?