Divided Federal Appeals Court Strikes Down Utah's Marriage Law

Breitbart's Big Government ^ | June 25, 2014 | Ken Klukowski

[2ndDivisionVet]

In a 2-to-1 decision, the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Hebert affirmed a lower court’s ruling holding that traditional marriage laws violate the Constitution. The case will likely soon go to the U.S. Supreme Court.

Breitbart News examined this case last year when an Obama-appointed federal judge in the U.S. District Court for the District of Utah invalidated that state’s law providing that marriage is the union of one man and one woman, comparing such laws to racism and saying they are literally irrational.

Despite the fact that neither marriage nor homosexuality is mentioned in the U.S. Constitution, the appeals court majority concluded that the Constitution includes a fundamental right to marry a person of the same sex.

The court added that there is no constitutional right to polygamy, but did so without explaining its rationale separating the two non-traditional types of marriage. One week before the district court struck down Utah’s man-woman marriage law, a different federal judge in Utah struck down that state’s law criminalizing marriage to more than one person.

The Denver-based appeals court is presumably aware that the polygamy case, Brown v. Herbert, is likely to come before the Tenth Circuit appellate court in this next year....

[armydawg505]

5-4, the US Supreme Court will say marriage is now a federal responsibility. The states should immediately shut down their marriage offices and tell the feds, you want it, you got it.

[Morpheus2009]

Well, I guess with Arkansas, Utah, and whatnot, there’s no problem with this being for all 50 states in less than two years. But here’s the kicker, comparing race to sexual behavior is pretty much rediculous, and it’s absurd and upside down that supposedly some of the most educated individuals in the United States in the world do this. Since when do people ever “come out” about having a different skin color? Are people ever in the closet about skin color? I haven’t heard of any, but if there is, you’re dealing with some absurd case where a person is so mixed in identity, that you have to start tracing back a number of generations, which again is totally rediculous. I kind of feel bad when you realize the idiocy and blind prejudice that runs the nation these days.

[Morpheus2009]

Sounds good, until you get at the heart of the matter. Much of the legal issues surrounding marriage come around for the basis of divorce, the frequency of which has drastically increased. The federally sanctioned marriage is argued for as insurance against being widowed or divorced. That being said, it’s an extension of the welfare state. It would be better for any marriage in general, if people as a community could recognize who might need a little TLC because something went wrong.