barry wants to make a BIG show of this Perrenial Barbeque he's hlding...
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 ...
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 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.
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”.
LOL!!! It may not have been relevant back in the American Revolution, but it surely will be a major 'Rat Party campaign theme next year, as indicated by Debbie Wasserman Schultz's speech this week in Michigan.
Ab. Surd.
Barbecue? Please elaborate a little.
Marriage is only recognized in the constitution under religious freedoms. Constitutionally there is no right to marriage for anyone but there is a right to freely practice religion with marriage being a religious institution.
lol
As if they needed that. The Republicans in the Senate didn't make a peep about this tyrant's nomination by Obama.
Interesting that the words “liberal” and “drivel” sound alike.
Liberty? Does 'liberty' reflect in all your decisions? I'd bet not.
barrys can fiddle for only so long....
we can outlast em any day!
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