Utah Senate Passes Amendment Banning Gay Marriage

[William McKinley]

Looking for a hard copy.

[risk]

"A marriage is a special thing," said Walker. "There is an authority factor that should be present."

bump

[Smile-n-Win]

Gay couples and supporters descended on the Capitol, waving signs -- "End the Legislative Session Hate Free"

Wow, what an imaginative slogan. </sarcasm>

[Teacher317]

This is what will bring the Supremes into the fray. Some states recognize 'em, and other forbid 'em. They'll call it an Equal Protection issue (even though states have had different rules for different topics since this nation was founded). Then they'll tell Congress what laws they'll have to pass, as they did in Lawrence v Texas. I sure am glad we don't have an activist bench, and that Separation of Powers protects us from tyrants!

[Teacher317]

The Supreme Court is waaaay ahead of you guys... gender issues get "heightened scrutiny" for Equal Protection claims, whereas wealth categorizations get "rational basis"/minimum scrutiny. In other words, states are freer to discriminate based on wealth than on gender. (Basically, only racial issues get "strict scrutiny")

It has been fascinating to learn from my Constitutional Law class that legislatures can discriminate all they want, just so long as some court finds that they have a "compelling governmental interest" and that their statutes were "narrowly tailored" to meet that interest. That's how the affirmative action cases got past even the "strict scrutiny" standard... because our beloved SCOTUS thinks that it's fine for Michigan Law School's interest in a "diverse student body" to be more compelling than the Equal Rights of whites to attend that school. And here I thought we had individual rights and Equal Protection in this nation. Silly me.

[Imagine]

Thank you for your clear explanation. Now I do understand the difference. Not that I agree with it. Silly me, too.

[nina0113]

It is a civil war.

I've started reading up on the Spanish Civil War, a cultural civil war that become a shooting war, trying to figure out what the tipping point was, and what the tipping point in our society might be. When I come to a conclusion, I'll post it.

[EdReform]

Bump

What We Can Do To Help Defeat the "Gay" Agenda

Homosexual Agenda: Categorical Index of Links (Version 1.1)

The Stamp of Normality

[TheDon]

source

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S.B. 24 Enrolled

                 

MARRIAGE RECOGNITION POLICY
                  2004 GENERAL SESSION
                  STATE OF UTAH
                  Sponsor: D. Chris Buttars
                 
                  LONG TITLE
                  General Description:
                      This bill states that the policy of this state is to only recognize as a marriage the union
                  between a man and a woman.
                  Highlighted Provisions:
                      This bill:
                      .    creates a marriage recognition policy for the state; and
                      .    adds the requirement that applicants for a marriage license be a man and a woman.
                  Monies Appropriated in this Bill:
                      None
                  Other Special Clauses:
                      This bill provides an immediate effective date.
                  Utah Code Sections Affected:
                  AMENDS:
                      30-1-4.5, as enacted by Chapter 246, Laws of Utah 1987
                      30-1-8, as last amended by Chapter 212, Laws of Utah 1995
                  ENACTS:
                      30-1-4.1, Utah Code Annotated 1953
                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 30-1-4.1 is enacted to read:
                      30-1-4.1. Marriage recognition policy.
                      (1) (a) It is the policy of this state to recognize as marriage only the legal union of a
                  man and a woman as provided in this chapter.

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                      (b) Except for the relationship of marriage between a man and a woman recognized
                  pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law
                  creating any legal status, rights, benefits, or duties that are substantially equivalent to those
                  provided under Utah law to a man and a woman because they are married.
                      (2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that
                  are enforceable independently of this section.
                      Section 2. Section 30-1-4.5 is amended to read:
                       30-1-4.5. Validity of marriage not solemnized.
                      (1) A marriage which is not solemnized according to this chapter shall be legal and valid if
                  a court or administrative order establishes that it arises out of a contract between [two consenting
                  parties] a man and a woman who:
                      (a) are of legal age and capable of giving consent;
                      (b) are legally capable of entering a solemnized marriage under the provisions of this
                  chapter;
                      (c) have cohabited;
                      (d) mutually assume marital rights, duties, and obligations; and
                      (e) who hold themselves out as and have acquired a uniform and general reputation as
                  husband and wife.
                      (2) The determination or establishment of a marriage under this section must occur during
                  the relationship described in Subsection (1), or within one year following the termination of that
                  relationship. Evidence of a marriage recognizable under this section may be manifested in any
                  form, and may be proved under the same general rules of evidence as facts in other cases.
                      Section 3. Section 30-1-8 is amended to read:
                       30-1-8. Application for license -- Contents.
                      (1) A marriage license may be issued by the county clerk to a man and a woman only after
                  an application has been filed in his office, requiring the following information:
                      (a) the full names of the [parties] man and the woman, including the maiden name of the
                  [female] woman;

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                      (b) the Social Security numbers of the parties, unless the party has not been assigned a
                  number;
                      (c) the current address of each party;
                      (d) the date and place of birth (town or city, county, state or country, if possible);
                      (e) the names of their respective parents, including the maiden name of the mother;
                      (f) the birthplaces of fathers and mothers (town or city, county, state or country, if
                  possible); and
                      (g) the distinctive race or nationality of each of the parents.
                      (2) If the [female] woman is a widow, her maiden name shall be shown in brackets.
                      (3) If one or both of the parties is under 16 years of age, the clerk shall provide them with
                  a standard petition on a form approved by the Judicial Council to be presented to the juvenile
                  court to obtain the authorization required by Section 30-1-9 .
                      (4) (a) The Social Security numbers obtained under the authority of this section may not
                  be recorded on the marriage license, and are not open to inspection as a part of the vital statistics
                  files.
                      (b) The Department of Health, Bureau of Vital Records and Health Statistics shall, upon
                  request, supply those Social Security numbers to the Office of Recovery Services within the
                  Department of Human Services.
                      (c) The Office of Recovery Services may not use any Social Security numbers obtained
                  under the authority of this section for any reason other than the administration of child support
                  services.
                      Section 4. Effective date.
                      If approved by two-thirds of all the members elected to each house, this bill takes effect
                  upon approval by the governor, or the day following the constitutional time limit of Utah
                  Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
                  date of veto override.

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[AFPhys]

I believe the only proper tax is a TRULY flat tax:

Say, $5,000 per person or whatever; enuf of this ##%

No excuses. Get a job if you don't have the money.

Demand your government spend less if you can't afford it.

I'm still willing to have the government (and charities)
help people who are truly disabled, but not the rest.

[highlander_UW]

Thank you for your clear explanation. Now I do understand the difference. Not that I agree with it. Silly me, too.

That makes 3 of us Sillies. I lose respect for this nation the more I learn about how the laws get to be "specially and unevenly" applied.

[DannyTN]

Kerry said the other day that he voted against the Defense of Marriage Act two years ago, because he didn't see a threat.

Now there is a guy with absolutely no ability to predict anything.

[Republic If You Can Keep It]

But do fear the "solution" that's likely to be proposed before too long -- a Constitutional Convention.

That won't be necessary.

My prediction:

Once Mass. starts legally marrying gays (later this year) a series of court decisions will quickly affirm that all other states must recognize those marriages under the US Constitution. So there will suddenly be de facto gay marriage in all 50 states.

Only a federal constitutional amendment can stop the process & there's very little support for it, even among Capitol Hill Republicans.

It's all over but the shouting.