Posted on 12/21/2013 3:50:17 PM PST by ColdOne
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 ...
Planet Deviant.
There is no “right” to marriage.
Historically, marriage has been an obligation undertaken by a male and a female prior to engaging in activities that might reasonably be expected to yield offspring.
Didn’t always work out that way, but that was the idea.
There were lots of people who couldn’t get married. You couldn’t marry a close relative, you couldn’t marry anyone if you were already married, you couldn’t marry someone else who was already married, you couldn’t marry someone who had a “loathsome social disease”, and so on.
Since it’s impossible for homosexual activities to yield offspring, the whole concept of “homosexual marriage” is null and void.
Private Joshua Wood half starved and freezing,nursing the bullet wound from the previous summer’s fighting sitting in his hut at Valley Forge thought to himself”you know all this sacrifice will be worth it if homosexuals can marry and adopt kids!”
“Head Quarters, V. Forge, Saturday, March 14, 1778: At a General Court Martial whereof Colo. Tupper was President (10th March 1778) Lieutt. Enslin of Colo. Malcom’s Regiment tried for attempting to commit sodomy, with John Monhort a soldier; Secondly, For Perjury in swearing to false Accounts, found guilty of the charges exhibited against him, being breaches of 5th. Article 18th. Section of the Articles of War and do sentence him to be dismiss’d the service with Infamy. His Excellency the Commander in Chief approves the sentence and with Abhorrence and Detestation of such Infamous Crimes orders Lieutt. Enslin to be drummed out of Camp tomorrow morning by all the Drummers and Fifers in the Army never to return; The Drummers and Fifers to attend on the Grand Parade at Guard mounting for that Purpose” [emphasis in the original].
from “The Writings of George Washington From The Original Manuscript Sources, 1745-1799;” ed. John C. Fitzpatrick
No ... this Obama appointed judge is as GAY as Barack Obama.
Well shazam. It’s right there in the Constitution. The right of the people to keep and bear penis shall not be infringed.
“As in the days of Noah”..............
bull’crapola. no precedent in us law anywhere. there is precedent outlawing sodomy and lesbianism though.
just wait til the first law firm refuses a gay divorce.......of course they will probably say it is beyond their resources or something like that....
This judge needs a pee test. You’d have to be on drugs to come up with logic like that.
I’ll tell you what is deeply rooted in this nations history. The resistance to corrupt {either morally or criminally} Tyrants holding and abusing their powers of public office or position of authority. The tradition is called running them out of town on a rail and I’d love to see it become popular once again.
“Head Quarters, V. Forge, Saturday, March 14, 1778: At a General Court Martial whereof Colo. Tupper was President (10th March 1778) Lieutt. Enslin of Colo. Malcom’s Regiment tried for attempting to commit sodomy, with John Monhort a soldier; Secondly, For Perjury in swearing to false Accounts, found guilty of the charges exhibited against him, being breaches of 5th. Article 18th. Section of the Articles of War and do sentence him to be dismiss’d the service with Infamy. His Excellency the Commander in Chief approves the sentence and with Abhorrence and Detestation of such Infamous Crimes orders Lieutt. Enslin to be drummed out of Camp tomorrow morning by all the Drummers and Fifers in the Army never to return; The Drummers and Fifers to attend on the Grand Parade at Guard mounting for that Purpose” [emphasis in the original].
bump
people like this is why we should filibuster every one of bammy’s appointments.
From 9/22/12, after Shelby was confirmed to the federal court (http://www.sltrib.com/sltrib/politics/54947000-90/utah-shelby-senate-court.html.csp):
Sen. Orrin Hatch, a former chairman of the Senate Judiciary Committee who had supported Shelby, praised the confirmation vote.
“Bob is a good man who has studied our laws inside and out, and he’s going to make a great addition to our District Court in Utah,” Hatch said Saturday. “He’s a hard worker who’s given his time in public service and defended the law in private practice as well.”
and...
[Senator Mike] Lee said he supports the nominee, crediting him with being a “pre-eminently qualified lawyer” who will be an “outstanding judge.”
~~~~~~~~~~~~~~~~~
Gee, those darn liberal senators from Utah!
Just the opposite is true!: What is this Judge smoking?
This Nation is steeped in judeo-christian beliefs.
Perhaps this case will be appealed and perhaps Justice Kennedy will rollover one night and it will dawn on him he has spawned decadence. Federal judges fancy themselves legislators. They are so perverting the Constitution (first the wholesale unrestricted killing of innocent human life and now the legalization of the vile molestation of young boys by queer men) that a decent person would have to take pause before taking an oath to uphold and defend.
At least we now know that he didn’t base his decision on the Constitution itself.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.