Skip to comments.Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nationís History ...
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 Nations 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 nations 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 States 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 Nations 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 ...
This meat head found the right for homosexuals to marry in the 5th Amendment ... somewhere between protection against self-incrimination and double jeopardy.
He certainly looks happy.
Didn’t I see him in an Obamacare ad?
Why is a federal judge deciding state law?
Mail order degree judge...
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.
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?
Indeed, it appears that in 1776 colonial America, male homosexuals were UNIVERSALLY SUBJECT TO THE DEATH PENALTY...
Federal Judge: Right to Same-Sex Marriage Is ‘Deeply Rooted in Nations History ...
Which is why so many homos were “married” beginning in the 18th century.
bs....homosexuality was illegal in the early days...and I believe in all states.
The judges words are satanic. Period.
In our post modernist age black can be white; war can be peace (see Islam); and freedom can be slavery.
Looks like another faggoty pajama-boy.
Real men need to get together and slap the snot out of these degenerate bastards.
The boy must be reading those revisionist “history” books that the “progressive” commie libs are flooding our schools with.
Gaydar is pegging the meter.
This SOB ought to be impeached and disbarred for legislating his own “Values” from the bench
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 Nations History’?”
These two seem like they’d get along fine in a Chicago bath-house.
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?????
looks light in the loafers . he is definitely light in the brain department
Right to Same-Sex Marriage Is 'Deeply Rooted in Nations History ...
From back when America was an Islamic nation?
No, but the right to mine coal is.
Is it time to start shooting yet?
You beat me to it. Off the scale on mine.
If there is ever another civil war, this commie scum will wish he had fled to Europe.
where do they dig up such stark-raving idiots?
judges should not be allowed to make laws
And this guy was unanimously confirmed. Imagine the raving lunatics that need the removal of the “nuclear option” to get confirmed!
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)
Doesn’t he though!!
Historical revisionism - Hitler style
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.
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.
Be nice folks. Even the mentally ill need jobs. Just wish they did not give them jobs where they can screw America..........
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.'
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...
Because same-sex marriage has only recently been allowed by a number of states, the State argues that an individuals 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.
This judge looks as queer as a three dollar bill.
Like the smallpox and lime disease...yep.
“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.
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.
I’m sure gay marriage was one of the main reasons for the American Revolution. “Give me gay marriage or give me death”
I say a lot of “huhs”.
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