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Judge Completely Trolls Justice Scalia In Striking Down Utah's Gay Marriage Ban
http://www.businessinsider.com ^ | December 20, 2013 | Brett LoGiurato

Posted on 12/24/2013 8:42:21 AM PST by NKP_Vet

When U.S. Supreme Court Justice Antonin Scalia handed down a scathing dissent in United States v. Windsor — the case in which the high court deemed the anti-gay Defense of Marriage Act unconstitutional — he warned of the domino effect it would have on state bans on gay marriage.

His prediction came true on Friday, when U.S. District Judge Robert Shelby ruled that Utah's 2004 ban on gay marriage was unconstitutional. And Shelby even made note of Scalia's dissent at points in his ruling, citing it as part of his reasoning in striking down the Utah law.

Scalia warned that the Supreme Court's reasoning that struck down the Defense of Marriage Act — which denied federal benefits to same-sex couples — could be used to strike down state laws banning same-sex marriage. Scalia, who's notoriously anti-gay marriage, was saying this was a bad thing. In an interesting twist, Utah's Judge Shelby quoted Scalia's negative prophecy in his pro-gay marriage opinion:

"In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today's opinion ... is that DOMA is motivated by 'bare ... desire to harm' couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status."

(Excerpt) Read more at businessinsider.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: activistcourt; homosexualagenda; judicialactivism; maninablackdress; marriage; scalia; utah
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To: alloysteel
It's not sophistry. His characterization is simply wrong. See my previous post.
21 posted on 12/24/2013 9:42:41 AM PST by FredZarguna (She asked me why the singer's name was Alice. I said listen baby, you really wouldn't understand.)
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To: Diogenesis

Well, I guess we disagree on what the thread is about.

IMO it’s about judges deciding to write their own laws as they see fit. That’s a much more critical issue, to my mind, than what happened in one state some years back.

I would also suggest that your characterization of the Romney’s position on the issue is at least arguably quite unfair.


22 posted on 12/24/2013 9:49:57 AM PST by Sherman Logan
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To: Diogenesis

> “All this started with Willard Mitt Romney Ordering
the clerks to obey HIM and violate the Mass. Constitution.”

That’s right.

And then there is the whole sordid saga of how the People of California passed a state constitutional amendment to define marriage as between one man and one woman, how it was upheld by the California Supreme Court and how it was struck down by a homosexual federal judge because of a lack of standing due to the deliberate non-participation of Governor Arnold Schwarzenneger and his Attorney General Jerry Brown, both of whom refused to defend the People’s Constitutional Amendment as it was their Oath to do.

The bottomline is that we have leadership that is rotten at the top, who do not respect the People ‘underneath’ them and who view their positions and offices as property to be bought and sold.


23 posted on 12/24/2013 9:51:03 AM PST by Hostage (ARTICLE V)
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To: Gay State Conservative

ANAL CANCER is 40 times higher in sodomite men than straight men. And let’s not forget Morton Downey Jr’s warning on AIDs.

“AIDs will be cured when certain men realize the anus is for exit not entry”.

99% of the women in this country that have came down with AIDs got it from a fag husband, who run off to sodomite his boyfriend, then come home and jumped in the bed with his wife. More proof that sodomy is nuture, not nature. No man or woman is born sodomite. None. Not the first one. It is a choice, and now the Federal government treats them like husband and wife. What a joke.


24 posted on 12/24/2013 9:52:32 AM PST by NKP_Vet ("Rather than love, than money, than fame, then give truth" ~ Henry David Thoreau)
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To: boomop1

yeah..there are some very harsh times coming soon...


25 posted on 12/24/2013 9:52:46 AM PST by fabian (" And a new day will dawn for those who stand long, and the forests will echo in laughter")
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To: Hostage

The people of California TWICE voted it down and it was passed because a queer judge wanted to “marry” his boyfriend and the US Supreme Court said that was fine with them. In otherwords judges rule this country, not the people.


26 posted on 12/24/2013 9:56:31 AM PST by NKP_Vet ("Rather than love, than money, than fame, then give truth" ~ Henry David Thoreau)
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To: FredZarguna

Nailed it!


27 posted on 12/24/2013 10:06:19 AM PST by NonValueAdded (It's not the penalty, it's the lack of coverage on 1 Jan. Think about it.)
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To: FredZarguna

You are right about Griswold v. CT.


28 posted on 12/24/2013 10:34:01 AM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: NKP_Vet; Lurking Libertarian; Perdogg; JDW11235; Clairity; TheOldLady; Spacetrucker; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

29 posted on 12/29/2013 11:09:41 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: FredZarguna
Consequently, what the judge is saying is: "Scalia warned that Kennedy's opinion would be used by renegade judges to usurp the power of the People of the United States, and he was correct. I myself am one such outlaw."

Yep.

30 posted on 12/29/2013 12:59:40 PM PST by EternalVigilance
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To: NKP_Vet

There’s never been a law making one man, one woman marriage legal. It’s natural and precedes the state by eons. No law can make the unnatural natural.


31 posted on 12/29/2013 2:21:53 PM PST by 1010RD (First, Do No Harm)
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To: 1010RD

Common sense has never worked with radical liberals.


32 posted on 12/29/2013 2:26:22 PM PST by NKP_Vet ("Rather than love, than money, than fame, then give truth" ~ Henry David Thoreau)
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To: alloysteel
Nothing has EVER prevented any person of homosexual inclinations from marrying. Only just not a person of the same sex.

AND one cannot marry your cousin, someone who is already married, your children, animals, etc. BUT once the gay mafia has destroyed the term marriage, then anything goes and the court cases will not even be able to be counted once these flood gates are opened.

GOD WILL HAVE THE LAST SAY ABOUT THESE PERVERTS NOW RUNNING THIS COUNTRY.
33 posted on 12/30/2013 6:39:59 AM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Gay State Conservative

Utah should say “Sorry, Mr Judge, your one-man ruling does NOT overrule the judgment of 2/3 of the people of Utah. Pound sand.”


34 posted on 12/30/2013 6:42:49 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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