Posted on 12/22/2013 7:54:49 PM PST by Oliviaforever
NEW YORK (Reuters) - A federal appeals court on Sunday declined to stop officials in Utah from issuing marriage licenses to same-sex couples following a judge's ruling last week that overturned the state's ban on gay marriage.
(Excerpt) Read more at news.yahoo.com ...
No, except the 5-4 SCOTUS ruling on California with Kennedy the deciding vote to force gay marriage on CA. That gave every Obama judicial appointee a license to force gay marriage on EVERY state and get away with it.
My hopeless wish is that conservatives, Republicans, etc, would call out how this is forced on the states by Obama judges and it has NOTHING to do with the constitution. That there is zero legal basis for this.
Its a sad day but the courts and our country have been taken over by our new Kings.
That was my point, however the ones who go on network Sunday shows are not much better. I see no Republicans on TV arguing against this effectively, if at all.
RE :”BTW, I would suggest that you don't watch MSNBC at all if you want to maintain your sanity.
Bad suggestion, only listening to those who only say what you want to hear leads to a form of blindness.
Like those fools who were sure Romney that would win big. Rush told them that.
I’m not a lawyer (or Constitutional scholar), but I don’t think a state’s AG has the power to defy a federal court. At some point it’s the courts that have to be reined in, but now Obama has clear sailing on his judicial appointments needing only a simple majority in the Senate. So thanks to all those conservatives who stayed home on election day last year.
either THEY GO or we do!
When will this happen?
if it doesnt happen in November 2014....ALL bets are off on it happening for the next decade..if ever
Prop 8
Perry v. Schwarzenegger was decided in District Court, never higher ... so it has no legal authority outside of that court.
Hollingsworth v. Perry ... court never ruled on the central issue of the case.
If people have questions the actual text of both the majority and minority opinions in these cases are available online.
“Justice Kennedy, writing for the minority, said the views of the California Supreme Court on the proponents’ standing should have been respected,[10] because “the basic premise of the initiative process [and] the essence of democracy is that the right to make ...”
“except the 5-4 SCOTUS ruling on California with Kennedy the deciding vote to force gay marriage on CA.”
justiceseeker93, why do we have these threads if poster have such little interest that they cannot get the basic facts correct?
Hollingsworth v. Perry ... court never ruled on the central issue of the case. Kennedy was in the minority of 5-4 ...
The Perry District Court decision, being left intact if not affirmed by SCOTUS, is persuasive authority, albeit not controlling, everywhere. But it is Windsor that matters, because in Windsor SCOTUS found that laws which impair gay marriage violate gays’ Constitutional rights.
While Windsor could only overturn the section if US DOMA at issue, it is virtually impossible post Windsor for another court to uphold any constraint on gay marriage when made at issue. Read the Utah AG pleadings. Very weak, because the AG clearly recognizes the debate in the courts is over, but had to pretend otherwise.
Right, and you are claiming the same SCOTUS that made this decision in CA below will overturn the one in Utah. Right
The Supreme Court, in its decision, determined that defenders of the gay marriage ban did not have the right to appeal lower court rulings. As a result, an early ruling against the ban was left in place, and gay marriage will likely resume in the state in a matter of weeks.
Supreme Court paves way for gay marriage in California( June 26, 2013, FoxNews.com)
Drugs on top of hard alcohol maybe explains your comment???
gee, you are right! Kennedy voted with the majority on Prop 8 ... what was I thinking?
from the link provided by sicko-flibs.
“We have no authority to decide this case on the merits, and neither did the 9th Circuit,” Roberts said, referring to the federal appeals court that also struck down Proposition 8. “
Yes I did —Once this was a constitutional republic of laws applied equally to all—and States to be accepted into the Union as equal had to be governed by laws that reflected those of the existing States.We were established to be A Christian Nation and by that standard we are judged.Note:when Jesus that Rabbi from Nazareth was confronted by the Pharisee( I do not know if Saul of Tarsus was among them,but do know he was raised a Jew and trained a Pharisee...When Jesus was teaching at the Temple and was confronted by the Pharisees about divorce— Jesus asked they had not read what was written in the Law(Matthew 19:3-12) and note; Matthews Gospel affirms that of Mark chapter 10 :2-12) And Jesus speaks directly of what is written in the Law of Moses Genesis chapter 1;27;and chapter 2:24) These serve as the basis for our American Law concerning “marriage” as shown most clearly in Murphy v.Ramsey and others,1885 —one of several legal decisions that confronted Mormon polygamy. Ultimately it was the prophecies of the Mormon Church that controlled State Law that changed to allow Utah be accepted as equal. The divisions remain—but hey divisions seem to have been introduced when the serpent said to Eve in the Garden “Thou shalt not surely die?”Genesis chapter 3:IMO “marriage had already been instituted -see Genesis 2:24. And Note;Jesus did not refer to the Law that allowed polygamy—but to what was “in the beginning”?
The California Supreme Court unanimously rejected an attempt to revive the state's ban on same-sex marriage Wednesday, ending a nine-year legal battle over the rights of gays and lesbians to marry the partner of their choice.
The court order came seven weeks after the U.S. Supreme Court dismissed an appeal by sponsors of Proposition 8, the initiative defining marriage as a union of a man and a woman, of a federal judge's ruling declaring the measure unconstitutional
Calif. court gives final OK to same-sex marriage August 14, 2013
From what I can tell the SCOTUS copped out and instead of declaring a constitutional right to marriage, let the lower court do that for CA.
The excuse had to do with the fact that CA government wanted same-sex marriage and that those seeking to ‘reimpose the ban’, not them, didn’t have standing in court.
So that ruling wont directly apply to Utah, the SCOTUS will have to find another excuse to keep gays marrying in Utah, or just refuse to take this care without a reason..
But justice Kennedy isn’t going to rule to stop it.
I would suggest the agencies simply refuse to comply with whatever court order comes down and instruct all local and state police to cease providing aide or support of any kind to the Feds. Let Obama send in the Army.
The Utah state officials have been complying up to this point, hoping for the appeals process to eventually overturn this foolish decision and order.
Unfortunately, Obama would have legal authority and precedent on his side (something he doesn't always have) if he were to send in the Army, based on the court-ordered school desegregation cases in the South during the 1950s and 1960s. (Whether or not the Army would cooperate is another matter.) The Utah AG is undoubtedly aware of this and is trying to avoid a physical confrontation.
I doubt physical confrontation will work here to make the state of Utah un-suspend marriage licenses. It’s not the same as escorting students to integrate the classroom. What’s the Army going to do? Point their firearms at the Utah clerks and demand they issue marriages licenses? If Obama was foolish enough to try take such action, it would be Duck Dynasty backlash times ten.
Please see posts 77 and 78.
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