Posted on 01/06/2014 7:55:17 AM PST by Colonel_Flagg
The Supreme Court has put gay marriage on hold in Utah. The high court on Monday granted the state a stay in their same-sex marriage challenge. The decision comes after a federal judge last month ruled in favor of gay marriage.
(Excerpt) Read more at foxnews.com ...
Rats, I was hoping HBO would do a sequel of ‘Big Love’ with ‘brother wives’.
I am very surprised.
This could be a case which ultimately goes to the Supreme Court, and have that Court decide there is indeed a constitutional right to homosexual marriage.
Remember, last year’s cases on marriage did not result in a ruling that there is a constitutional right to homosexual marriage. In fact, while last year’s case overturned the federal defense of marriage act, a key part of the ruling was that the states, not the federal government, are the governmental entities which will define marriage.
I know that the liberals, in their headlong rush to embrace homosexual marriage, don’t always understand these legal distinctions. But, legally speaking, as of today, states have the right to define marriage.
Of course, we know the liberals want to see 50 state homosexual marriage, and they may get it by Supreme Court ruling at some point. I’m just thinking about the legal reasoning which would be needed for the courts to come to that conclusion. As of today, there is nothing in federal law which deals with this whole area of sexual identity/sexual orientation. Thus, the LGBT peoples, in spite of liberal thought, are not a protected class under federal civil rights laws.
So, the courts have to be creative and make up the law as they go along, if they are going to conclude that the state of Utah has no right to define marriage, when last year’s case indicated that the states, not the federal government, have the power to define marriage.
Very surprising, was it Sotomayor alone or the whole court?
Freegards
Kennedy’s last year revealed him to be an ideologue and not a Supreme Court Justice who is faithful to the letter and spirit of the Constitution.
They’ve got to “gay” the state up to make they have a right o commit sodomy and molest your children withoutthreatof jail time first.
“The terse order, from the full court, issued a stay “pending final disposition” of an appeal to the federal appeals court in Denver. It offered no reasoning.”
from the NY times
It was Sotomayor! Very surprising!
I guess she turned it over to the whole court, from what I am seeing.
Freegards
My worry is that a group of people who once came up with legal reasoning to make the Roe v Wade decision, and is now populated by a Chief Justice who can find legal reasoning to make Obamacare "Constitutional", may get this case.
Would be nice if they did the same in regard to NY’s SAFE act.
Yes! Victory. Now the AG needs to rescind all those phony licenses that were handed out.
She also granted that stay to the Little Sisters of the Poor.
I am surprised!
What about all the counterfeit “marriage licenses” issued? (They are counterfeit, because the form, which just lists “bride” and “groom” as the applicants, had to be altered.)
I think Kennedy got something up his arse and decided he liked it.
AG should rescind those licenses, but, that would be a separate legal process from the legal process of allowing homosexual marriage in the first place. My guess is that they won’t do that, because it would be seen at politically incorrect to do so.
Sad to say, we make laws and social policies based on political correctness nowadays.
“The state’s stay application was filed with Justice Sonia Sotomayor, who referred it to the whole court, according to the order issued Monday. Sotomayor is assigned to the 10th Circuit Court, which rejected Utah’s request for a stay three times (Salt Lake Tribune).” So far the “wise Latina” is using her head, and I wonder if Zero thinks he got himself a Souter. This is going to go to the SCOTUS sure as sunup. I’m hoping the same regard for federalism that killed DOMA upholds a state’s right to forbid same-sex “marriage”; I just worry that Kennedy might go the PC route and use a full faith and credit argument, and invoke Loving v. Virginia. Lord, I hope not.
“I just worry that Kennedy might go the PC route and use a full faith and credit argument, and invoke Loving v. Virginia. Lord, I hope not.”
If that happens then it’s the end of the marriage amendments. But it might not go that far for some states, the ones that only passed their amendments in the low-mid 50% ranges 6+ years ago might not choose to appeal like CA with prop. 8. More would though, like Utah.
Freegards
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