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 ...
“Scalia, who’s notoriously anti-gay marriage ...”
Scalia, as a judge, is neither anti-gay marriage, nor pro-gay marriage. But he knows there is not a constitutional right to gay marriage. And he knows that the use of the 14th amendment to create such a right is seriously flawed legal thinking.
All this started with Willard Mitt Romney Ordering
the clerks to obey HIM and violate the Mass. Constitution.
God is not amused and will have the last decision.
Judge Shelby has “trolled” the wrong guy.
Scalia pretty much laid it out that marriage would be re-defined in the future because of the DOMA and Prop 8 majority rulings, he said they were opening the door for the next Supreme Court case to do that.
Local judges who are sympathetic to re-defining marriage feel they are free now to act with impunity because the top court will back them in the end.
We will have Roe v. Wade on this in very short order (several years) and the politicians (Republican ones) will be useless on this.
In fact, it will be hard to be a Republican candidate for anything and express one’s opinion in opposition to gay marriage in the future.
They’ll be treated like Todd Akin.
People can’t express views like Phil Robertson and be candidates for the Conservative parties in the UK or Canada anymore.
Its not just about legalizing gay marriage, its about marginalizing those who believe in traditional values to second class status.
You’ve being far too kind to the guy. Christmas spirit got you?
I believe the word is “sophistry”, adroit reasoning, but based on a specious premise. It SOUNDS plausible and logical, but is ultimately flawed, and only makes for confused interpretation and wrongful application.
Nothing has EVER prevented any person of homosexual inclinations from marrying. Only just not a person of the same sex.
It is possible that a complex cross-connection could be worked out where two gays could select, in separate ceremonies, two lesbians with whom they could exchange vows, then set up a combined household, and still not be in breach of the law as it existed. Nobody would ever have to know what was going on behind closed doors.
Why can’t the Governor of Utah just tell the judge to go pound sand?
NKP_Vet you are exactly, 100% correct. Judges that make such outrageous decisions need to be held personally accountable for their evil decisions. Meanwhile, States should just ignore the idiocy spewing forth from these un-American courts and judges.
This will certainly piss you off thouroughly as well.
http://www.freerepublic.com/focus/f-news/3104947/posts
Let's not be silly. It started with Roe v. Wade and its emanations and penumbras.
To function well, any Constitution must have a way of applying that document to a given case. Otherwise, each person determines the meaning of the Constitution for himself, which is pretty obviously a recipe for chaos.
That the Courts have grossly overstepped the bounds of their role in this regard does not change the fact that it is a necessary role.
RINO Hatch should have been voted out of office years ago.
Mike Lee also voted for his confirmation, and said he was an “outstanding lawyer who would make a great judge”. I looked into Shelby’s resume. He has been an ambulance-chasing personal injury lawyer since he became a lawyer not too many years ago. He’s only 43 years old. No qualifications whatsover to given a lifetime appointment as a Federal Court Judge. I think the only qualification he has going for him he’s a left-wing lawyer friend of Obamagabe, and probably a morman. No other reason for Hatch and especially Mike Lee to vote for this unqualified boob for such a high position. Mormans stick together. It’s another example of republicans caving in to the Marxist in chief. This Shelby character absolutely does not have the judicial experience for the job Obozo gave him, and the republicans once again rolled over like a dog in heat for the worthless bastard.
“God is not amused and will have the last decision.”
The cultural fabric of our once-great nation, a beacon of humane justice to the world, is being rent asunder. We are left to wonder who or what will be God’s instrument of chastisement. The current Chief Executive of our national government, ruling by executive order, disrupting the unique design and procedures of orderly government by the people as crafted by our founders, is daily sowing doubts and confusion. While presenting an image of a feckless bumbler, his intended fundamental transformation marches on. Cloward and Piven must be pleased, not to mention Wm. Ayers, an effective real-life guide and mentor.
Shelby’s not fit to carry Justice Scalia’s jockstrap.
Silly?
Nonsense.
This thread is about gay (Romney-instituted) marriage.
It began with the rat, Willard Romney, forced
the Mass. Clerks to overide the Mass. Constitution.
The same rat Romney who then attacked Gov. Palin
through surrogates because of HIS jealousy,
and that made Obama pRes_ _ent.
Scalia's remarks are not his opinion. They are his characterization of the majority's opinion, which he warned would be used to obtain judicial overreach.
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."
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