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Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nationís History ...
CNS News ^ | December 21, 2013 | Terence P. Jeffrey

Posted on 12/21/2013 9:49:36 AM PST by Zakeet

Complete Headline: Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History and Implicit in The Concept of Ordered Liberty'

Judge Robert J. Shelby, whom President Barack Obama appointed to the U.S. District Court in Utah last year, issued an opinion on Friday declaring that a right to same-sex marriage is "deeply rooted in the nation’s history and implicit in the concept of ordered liberty.

Shelby was confirmed to the federal bench by a voice vote of the Senate on Sept. 21, 2012. There was no debate over his nomination, and no senator objected to his confirmation.

He has now issued an opinion that could fundamentally alter American law and culture.

“The State’s second argument is that the Plaintiffs are really seeking a new right, not access to an existing right,” Shelby wrote in an opinion issued on the afternoon of the Friday before Christmas.

“To establish a new fundamental right, the court must determine that the right is ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty,’ such that ‘neither liberty nor justice would exist if [it] were sacrificed,” he said.

This unanimously-confirmed, not-debated-on-the-Senate-floor, Obama-nominated judge then proceeded to do that just that.

(Excerpt) Read more at cnsnews.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: Utah
KEYWORDS: 0bamasbuttboy; absolutemorals; court; homelectus; homosexualagenda; obama; utah
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This meat head found the right for homosexuals to marry in the 5th Amendment ... somewhere between protection against self-incrimination and double jeopardy.

1 posted on 12/21/2013 9:49:37 AM PST by Zakeet
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To: Zakeet

He certainly looks happy.


2 posted on 12/21/2013 9:51:44 AM PST by Paladin2
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To: Zakeet

Didn’t I see him in an Obamacare ad?


3 posted on 12/21/2013 9:52:28 AM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Zakeet

Why is a federal judge deciding state law?


4 posted on 12/21/2013 9:52:53 AM PST by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: Zakeet
Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History and Implicit in The Concept of Ordered Liberty'

Mail order degree judge...


5 posted on 12/21/2013 9:53:19 AM PST by darkwing104 (Forgive but don't forget)
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To: Zakeet

I think he is from the school which thinks if you make a huge lie, people will more likely believe it than if you tell a little one.


6 posted on 12/21/2013 9:53:23 AM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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To: Zakeet

Now, just where in the holy hell did he find the precedent for this? Where? Same place as 40 watt-60 watt light bulbs, privacy, abortions, penumbras, seatbelts, etc? Is this guy a total jackass?


7 posted on 12/21/2013 9:53:30 AM PST by laweeks
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To: Zakeet

Indeed, it appears that in 1776 colonial America, male homosexuals were UNIVERSALLY SUBJECT TO THE DEATH PENALTY...

http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1061&context=englishfacpubs


8 posted on 12/21/2013 9:55:43 AM PST by djf (Global warming is a bunch of hot air!!)
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To: Zakeet

Federal Judge: Right to Same-Sex Marriage Is ‘Deeply Rooted in Nation’s History ...
___________________________________________________________
Which is why so many homos were “married” beginning in the 18th century.


9 posted on 12/21/2013 9:55:50 AM PST by FerociousRabbit
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To: Zakeet

bs....homosexuality was illegal in the early days...and I believe in all states.


10 posted on 12/21/2013 9:56:43 AM PST by Sacajaweau
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To: Zakeet

The judges words are satanic. Period.


11 posted on 12/21/2013 9:57:15 AM PST by TalBlack (Evil doesn't have a day job.)
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To: Zakeet
Deeply rooted in American History? Thomas Jefferson thought men who have sex with men suffer castration. If it is women having sex with women, then they are to have part of their faces gouged out.

In our post modernist age black can be white; war can be peace (see Islam); and freedom can be slavery.

12 posted on 12/21/2013 9:57:56 AM PST by Stepan12
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To: Zakeet

Looks like another faggoty pajama-boy.

Real men need to get together and slap the snot out of these degenerate bastards.


13 posted on 12/21/2013 9:58:32 AM PST by greene66
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To: Zakeet

The boy must be reading those revisionist “history” books that the “progressive” commie libs are flooding our schools with.


14 posted on 12/21/2013 9:59:28 AM PST by FlingWingFlyer (Merry Christmas to all my fellow Americans. "Whatever" to everybody else!)
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To: Zakeet

Gaydar is pegging the meter.


15 posted on 12/21/2013 9:59:35 AM PST by savedbygrace (But God!)
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To: Zakeet

Such BS

This SOB ought to be impeached and disbarred for legislating his own “Values” from the bench


16 posted on 12/21/2013 10:00:59 AM PST by A_Former_Democrat (Obamacare: We told you so)
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To: Zakeet

17 posted on 12/21/2013 10:01:31 AM PST by Alberta's Child ("I've never seen such a conclave of minstrels in my life.")
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To: Zakeet

Well Obama said the Islam played an important role in the nation’s founding. Why wouldn’t he appoint a dunderhead that said, “Right to Same-Sex Marriage Is ‘Deeply Rooted in Nation’s History’?”

These two seem like they’d get along fine in a Chicago bath-house.


18 posted on 12/21/2013 10:02:23 AM PST by DoughtyOne (Reagan 1980: Shining city on a hill / RNC 2013: Dim flickering candle in a dark deserted dungeon.)
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To: Cowboy Bob

A federal judge is deciding state law because Utah is one of those state with a state constitutional amendment defining marriage. So their state judges are powerless to overturn marriage laws. Homosexual activists decided to sue in federal court, and the liberal judge made up a new law.

Homosexual marriage is deeply rooted in our nation’s history? Is this guy for real?

Anybody wonder why there is lessened respect for the law and judges, when the legal reasoning involved in the homosexual marriage cases are so absurd?????


19 posted on 12/21/2013 10:03:06 AM PST by Dilbert San Diego (H)
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To: Zakeet

looks light in the loafers…. he is definitely light in the brain department


20 posted on 12/21/2013 10:03:16 AM PST by Nifster
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To: Zakeet
Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History ...

From back when America was an Islamic nation?


21 posted on 12/21/2013 10:04:09 AM PST by Iron Munro (Orwell: There are some ideas so absurd that only an intellectual could believe them.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

No, but the right to mine coal is.

Thanks Zakeet.


22 posted on 12/21/2013 10:04:38 AM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
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To: Zakeet

Is it time to start shooting yet?


23 posted on 12/21/2013 10:07:10 AM PST by right way right (What's it gonna take? (guillotines?))
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To: savedbygrace

You beat me to it. Off the scale on mine.


24 posted on 12/21/2013 10:09:01 AM PST by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Zakeet

If there is ever another civil war, this commie scum will wish he had fled to Europe.


25 posted on 12/21/2013 10:10:07 AM PST by ohioman
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To: Zakeet

where do they dig up such stark-raving idiots?


26 posted on 12/21/2013 10:18:40 AM PST by faithhopecharity
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To: faithhopecharity

judges should not be allowed to make laws


27 posted on 12/21/2013 10:19:29 AM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: Zakeet
This unanimously-confirmed, not-debated-on-the-Senate-floor, Obama-nominated judge

And the reason for Harry Reid's taking the 'nuclear option' as to judicial nominees is demonstrated. The democrats know Obamacare has destroyed them, and are going to pack the courts with people who are a disgrace to real jurists. These activists will emanate "rights" out of their penumbras in the hope they can smear our Constitution with them. They might even succeed if they make enough of these garbage decisions...the Supreme Court can only hear so many, and refusasl of certiorari will let some of this insanity stand.
28 posted on 12/21/2013 10:19:49 AM PST by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: LostInBayport

And this guy was unanimously confirmed. Imagine the raving lunatics that need the removal of the “nuclear option” to get confirmed!

Ditch Mitch!


29 posted on 12/21/2013 10:21:43 AM PST by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: GeronL

judges should not be allowed to write laws, neither should they be allowed to rewrite American history

(same comments apply to anybody occupying the White House, too)


30 posted on 12/21/2013 10:23:54 AM PST by faithhopecharity
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To: Farmer Dean
you have..now


31 posted on 12/21/2013 10:25:47 AM PST by MeshugeMikey ( Visit http://icantenroll.com/ In Glitch We Trust....;o})
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To: laweeks
I think he's confused over what exactly must be deeply rooted.
32 posted on 12/21/2013 10:26:31 AM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Paladin2

Doesn’t he though!!


33 posted on 12/21/2013 10:29:41 AM PST by zerosix (Native Sunflower)
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To: Zakeet

34 posted on 12/21/2013 10:41:54 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Zakeet

Historical revisionism - Hitler style


35 posted on 12/21/2013 10:48:15 AM PST by Viennacon (Right vs. Left...... is Right vs. Wrong!)
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To: Zakeet


36 posted on 12/21/2013 11:01:25 AM PST by Iron Munro (Orwell: There are some ideas so absurd that only an intellectual could believe them.)
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To: Zakeet

A man cannot be a wife and a woman cannot be a husband - that’s language - that’s reality. “Rights”, new or old, has nothing to do with it. You can’t have a “right” to something that not only does not exist, but cannot exist.


37 posted on 12/21/2013 11:17:20 AM PST by Republican Wildcat
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To: Zakeet

The State of Utah should ignore this black-robed tyrant’s ruling. Force the issue. The best way to expose a tyrant is force them to act like a tyrant. These Marxists are going to push and push and push until its Stalinist Russia redux. We need somebody somewhere to take a stand now while we still have a fighting chance to restore liberty in this country.


38 posted on 12/21/2013 11:34:14 AM PST by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: Zakeet

Be nice folks. Even the mentally ill need jobs. Just wish they did not give them jobs where they can screw America..........


39 posted on 12/21/2013 11:41:10 AM PST by SECURE AMERICA (Where can I go to sign is for the American Revolution 2013 and the Crusades 2013?)
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To: Zakeet
Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History'

The right (and obligation) to indict, try, convict, and sentence Judge Robert J. Shelby for giving aid and comfort to the enemy is 'deeply rooted in our nation's history.'

40 posted on 12/21/2013 11:48:20 AM PST by Carl Vehse
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To: Iron Munro

Yeah that’s right...

from the early 1600s Americans on sailing ships in the Mediterranean were kidnapped and enslaved and held for ransom by Barbary pirates (Islamics) ...

least we forget...


41 posted on 12/21/2013 12:06:34 PM PST by Tennessee Nana
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To: Zakeet
Yeah - right, the Founding Fathers DIDN'T consider homosexuality [much less same-sex marriage] a sin, a crime, and an abomination ...
42 posted on 12/21/2013 12:23:04 PM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Zakeet

“Because same-sex marriage has only recently been allowed by a number of states, the State argues that an individual’s right to marry someone of the same sex cannot be a fundamental right,” he wrote. “But the Supreme Court did not adopt this line of reasoning in the analogous case of Loving v. Virginia. “-

The above quote from this judge tells me he did not bother to grasp the gist of the Loving case which was that a person has a right to marry and have children.(The exceptions to this usually involve bans due to degrees of kinship) He also fails to admit that the laws against interracial marriage was restricted to a brief period of history in a specific location. It was never universally held that interracial marriage was against God and/or nature. It was the banning of such marriages which was an innovation.

The State because it has a vested interest in promoting the responsible rearing of children and the property rights of both spouses has always written laws which do restrict the freedom to marry. The State has no valid interest in promoting or protecting the relationships of same sex persons. That should be a private contractual matter and not one subject to State endorsement.


43 posted on 12/21/2013 12:24:30 PM PST by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: Zakeet

This judge looks as queer as a three dollar bill.


44 posted on 12/21/2013 12:30:04 PM PST by CdMGuy
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To: Zakeet
Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History ...

Like the smallpox and lime disease...yep.

45 posted on 12/21/2013 12:46:42 PM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: Zakeet

“There was no debate over his nomination, and no senator objected to his confirmation.”

A lot of pubby senators will do eternity in Hell for that one.


46 posted on 12/21/2013 1:07:25 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: Zakeet; theothercheek; AJFavish; Red Steel; GreatOne; ml/nj; ExTexasRedhead; David; jazminerose; ...
This meat head found the right for homosexuals to marry in the 5th Amendment ... somewhere between protection against self-incrimination and double jeopardy.

Haven't read the opinion, but my intuitive guess would have been that his opinion rested on the "equal protection" clause of the 14th Amendment.

Yes, it was a meathead decision and, thankfully, the Utah AG has announced he will appeal it. Odds are probably pretty good that it well be overturned, if not by the Circuit Court than by the SCOTUS, assuming that the SCOTUS composition doesn't change.

This Obama appointed judge might well be "gay" himself.

47 posted on 12/21/2013 2:44:15 PM PST by justiceseeker93
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To: Paladin2

I’m sure gay marriage was one of the main reasons for the American Revolution. “Give me gay marriage or give me death”


48 posted on 12/21/2013 2:51:52 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Zakeet

I say a lot of “huhs”.


49 posted on 12/21/2013 3:11:36 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: justiceseeker93
the judge may be jockeying for a HIGH federal appointent

barry wants to make a BIG show of this Perrenial Barbeque he's hlding...


50 posted on 12/21/2013 3:19:58 PM PST by MeshugeMikey ( Visit http://icantenroll.com/ In Glitch We Trust....;o})
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