Utah Gay Marriage Ban Struck Down as Unconstitutional

[stromboli]

http://www.huffingtonpost.com/2013/12/2 ... 82222.html

SALT LAKE CITY (AP) — A federal judge has struck down Utah's same-sex marriage ban, saying it is unconstitutional.

U.S. District Judge Robert J. Shelby issued a 53-page ruling Friday saying Utah's law passed by voters in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment.

Shelby says the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way, and the state's unsupported fears and speculations are insufficient to justify deny allowing same-sex marriages.

Attorneys for the state argued that Utah's law promotes the state's interest in "responsible procreation" and the "optimal mode of child-rearing."

The lawsuit was brought by three gay and lesbian couples in Utah.

Many similar court challenges are pending in other states, but Utah's has been closely watched because of the state's history of staunch opposition to gay marriage as the home of The Church of Jesus Christ of Latter-day Saints.

Attorneys for the state argued that Utah's law promotes the state's interest in "responsible procreation" and the "optimal mode of child-rearing."

Responsible procreation? Gays can make babies! (gasp) Optimal mode of child rearing? Somebody should do a show on Mormon megafamilies with their kazillion kids, often on welfare and LDS church welfare support. Gag me. This is good news.

[sophia]

Men thats not very good news here

[The Skeletal Atheist]

Huzzah! Bigots are losing more and more! Can't wait to here all the Mormon whining over this.

[stromboli]

It was all over the news here, naturally. the tight-lipped governor pontificating about a circuit court that doesn't even live here going against the will of the people, etc. Some right wing Mormon group or other whining to the reporters how they will fight on, etc. Fucking' hilarious, imo.

[Valigarmander]

It gets better.

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."

Shelby then wrote that he "agreed" with that part of Scalia's opinion, and offered his response. Though Scalia meant it as some kind of dire warning, Shelby cited the Supreme Court's decision as a reason to overturn Utah's law:

The court agrees with Justice Scalia's interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law.

Shelby also cited Scalia's dissent in 2003's Lawrence v. Texas, the landmark case in which the Supreme Court ruled that laws banning sodomy were unconstitutional:

The court therefore agrees with the portion of Justice Scalia's dissenting opinion in Lawrence in which Justice Scalia stated that the Court's reasoning logically extends to protect an individual's right to marry a person of the same sex.

[Atheon]

Beautiful! Of all places, the reddest of the red states!

I can just picture the steam coming out of the bigots' ears!

[Thumpalumpacus]

I love it -- after the Mormons played a leading role in helping pass California's Prop 8 (which I voted against, when I lived there), it's nice to see them fed a spoonful not quite to their taste.

Not to mention, of course, the advance in equality.

[Hakurei Reimu]

The attorneys for the state argued buzzwords, while the judge earnestly asked for evidence. It's no wonder it was struck down.

[The Skeletal Atheist]

The attorneys for the state argued buzzwords, while the judge earnestly asked for evidence. It's no wonder it was struck down.

That's all the opponents of equal marriage have.

I pity them, in a way. There is no rational secular way of defending their bigotry. In the courts they can't use the Bible to their defense because whether they like it or not the reality is that the Bible has no legal standing in this country. They are reduced to buzzwords, logical fallacies, and blatant lies. It must suck to know that you are fighting a losing battle, and the only thing you can do is prolong the inevitable.

[stromboli]

What is funny is that less than half the counties have declared moratoriums on giving out licenses, so gay couples are getting married on the front pages of the newspapers. The noise from the state is the same- nobody should mess with our "family values"; i.e. their bigoted Mormon values. Haven't had this much fun for years.

[stromboli]

This just in: Utah government tried to get an injunction until they can mount a new trial, but the judge denied it. Gays are getting married all over Utah, and Mormons are all prayin' their little brains out.  =D>