Posted on 12/31/2013 3:08:41 PM PST by Olog-hai
Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state’s voter-approved ban.
The heavily Mormon state wants the marriages to stop while it appeals a judge’s decision, which said banning gay couples from marrying violates their right to equal treatment under the law.
In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states. …
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And when she refuses, then what?
Yeah, the Wise Latina will do the right thing.
appeals a judge’s decision, which said banning gay couples from marrying violates their right to equal treatment under the law
So fathers and daughters can marry? Cousins can marry? Brother an sisters can marry? 40 year olds and 12 year old can marry?
If not why not? If it is because of equal protections then why are these groups not afforded equal protection?
Because they’re not on every sit-com and romantic comedy.
“Sotomayor handles emergency requests from Utah and other Rocky Mountain states.”
How in heck did that come about? As if freakin’ Dodomayor is going to prevent this travesty, unless of course she can convince Kennedy to declare once and for all its a civil right, and the Republican Party must be declared a hate group.
Our country is on it’s last legs...
For sure... But I’m pretty old... maybe the destruction will be after I’m gone.. :)
This is crap, because the Constitution is clear. No federal authority has a right to write state law. Period. End of story. And that is NOT an Obama “period”.
Utah ought to inform the feds they are invoking the Tenth amendment. Game over.
Utah should not be going to SCOTUS because sexual issues are under states’, not federal, authority. Instead, IMO, Utah should nullify the federal court’s ruling because it is outside constitutional federal authority.
Under SCOTUS rules, Utah must first ask Sotomayor (the motions justice for the 10th Circuit) but, if she refuses, they can ask any other Justice (my bet would be on Scalia) and they can, in theory, keep asking until they have asked all 9 Justices.
In practice, that never happens. Either Sotomayor will grant the stay or ask the full Court to vote on the motion for a stay; or, if she refuses a stay and they ask a second justice, the second Justice they ask will ask the full Court to vote on the stay motion.
There are 13 federal Courts of Appeals (the 1st through 11th Circuits, the D.C. Circuit, and the Federal Circuit). Under SCOTUS rules, each Circuit has one justice assigned to handle emergency motions in appeals from those Circuits. The Chief Justice decides which justice is assigned to which Circuit.
Utah asks Supreme Court to block same-sex unions
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yeah some lip service while their fingers and toes are crossed hoping that the SCOTUS says NO...
that will finally give Utah legal permission to practice the sexual perversion that their state religion demands for salvation..
polygamy...bigamy...adultery...
that they already practice in the thousands...
and have since Brigham Young took them there in 1846...
She shouldn’t have been given this region. It was clearly the red area vulnerable to nutty judges like Shelby or whatever his name is. Utah is screwed.
Arkansas tried that in response to the federal courts' desegregation rulings in the 1950s, and President Eisenhower federalized the Arkansas National Guard to enforce the federal courts' orders.
Before anyone flames me, I am not comparing same-sex marriage to desegregation; I am just pointing out that a state can't decide on its own to nullify a federal court order, if the President is willing to enforce that court order.
It's up to Chief Justice Roberts to make the assignments. He kept the D.C. Circuit, the Federal Circuit and the 4th Circuit for himself, and assigned Breyer to the 1st Circuit, Ginsburg the 2nd, Alito the 3rd, Scalia the 5th, Kagan the 6th and 7th, Alito the 8th, Kennedy the 9th, Sotomayor the 10th and Thomas the 11th.
Just give them a few more years and all these things will be possible.
You mean a state can't successfully nullify a federal court order because it doesn't have the firepower. A state certainly has the right to refuse a clearly unconstitutional federal law or order. Well, I say let the fight begin. It's time to start drawing lines and saying enough already to the on-going coup of our constitutional republic. I'd rather lose the fight for freedom than to stand meekly by while the descendants of King George create a tyranny.
Federalism Ping.
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