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June 25, 2014 04:48 PM UTC
26 Comments
And the local paper of record is already reporting that Suthers says any licenses issued would be invalid:
It's only a matter of time before gay marriage is a universal done deal across the US like marriage between blacks and whites. And not all that much more time either. The dam holding it back is compromised beyond repair. That's one thing Scalia appears to have been right about.
http://www.mediaite.com/online/can-utah-thank-antonin-scalia-for-helping-to-overturn-its-gay-marriage-ban/
Most definitely. The 10th Circuit ruling is long and detailed. They go at the issue from a number of angles and cover their bases on a number of different grounds; one would think in reading it that they want to provide the broadest possible basis for the Supreme Court to rule in favor of marriage equality. At the same time, they shoot down every one of Utah's arguments in detail. The only way the Supreme Court gets out of this without ruling on it, IMHO, is to reverse the finding of the appellate judges that the governor and AG had standing.
This has to be eating at the Utah AG right now: appeal and possibly be the case that legalizes gay marriage across the country, or don't appeal and have gay married people wandering around the state.
The Utah AG just doesn't want married couples standing in front of the Temple in SLC having their wedding photo taken!
Salt Lake City Hall is right across the street from the Temple. So you can't say they don't have separation of Church and State in Utah; it's called East First Street.
Let freedom ring!
Reading today's ruling in light of the Boulder Clerk's office decision to go ahead with gay marriage licenses is "difficult", because the ruling itself is directed specifically at Utah.
The judgement of the court is that Utah Amendment 3 is permanently enjoined – and that said judgement is stayed pending disposition of the appeals process.
The legal ruling of the court absent that injunction – i.e. that marriage between two adult persons cannot be prohibited on the basis of gender/sexual preference alone – is not strongly tied to the final judgement or the stay (which specifically addressed the injunction), but those findings form the basis of the judgement, so…
It would be odd if the court's ruling were to apply to states that were not even party to the appeal while not applying to Utah, and it is the legal reasoning itself that will be appealed, so I can't see any rational judge saying that today's decision is effective in other states within the 10th circuit.
I met Clerk Hall a few years ago. A totally random encounter while I was fundraising for the ACLU in Boulder. We talked for a while, and I was really impressed with her passion and knowledge. Towards the end of the conversation, I asked what she did for work and she mentioned that she was the County Clerk. Until that moment, she had not done or said anything to indicate she was a public official, and if I hadn't asked, I might never have known. She wasn't trying to promote herself. She was just interested in doing the right thing and helping people. I believe her choice today has that same motivation behind it. I hope she has a long and productive career in public service. She's one of the good ones.
Suthers needs to tender his resignation and get the hell out of our progressive state. And the Coffmans (both of them) will lose, and we will have a Democratic Attorney General this fall by the name of Don Quick.
The Republican Party is a dying party and will eventually become a non-entity full of insane people that should be in mental institutions or banned from politics completely. Right wing and fascist politics do not belong here in Colorado and I invite every single Republicans to leave our state and move to Wyoming where it's all right-wing all the time.
And then the prince and princess rode off on her magical wish granting unicorn and lived happily ever after. Night, night, puppy.
DP:
I think I know you.
Do you work for the State Department?
You have been doing a heck of a job.
John and Hillary could not have done such a wonderful job without you.
Now, now Tabby — I'm sure that Moddy probably appreciates having the company in his padded room . . .
. . . I think you look absolutely fabulous in those long sleeves tied around your back, DP. (Although it does seem a little out of season for summerwear . . . )
As a supporter of marriage equality, this move seems, at best, irresponsible and, at worst, a publicity stunt. There's no ambiguity here – there's a stay pending SCOTUS so why put these couples in legal limbo?
She's picking a fight with Suthers. Thiis is a "come and get me" move. OTOH, those marriages may yet be validated if Colorad's mini-DOMA is ultimately ruled unconstitutional.and at, what, 17 in a row since Windsor, there's a fair good chance of that.
Hmmm. Maybe this is why the AG's office scheduled a staff meeting today until 1:30 p.m.
No, that was for employee appreciation day.
Neither family values nor the law matter to Democrats. If you're on the right side, wait for the court to say so. Don't jump the gun and break laws.
Suthers has a remedy. He can sue the Boulder County Clerk.
She's inviting him to.
Exactly. She wants some case law.
So did Hall and gay couples – sue the state to get the current law overturned. There's a state-level case pending, but they could have gone to the Federal courts as well.
Suthers should be able to get an injunction. I'm frankly surprised it's taken him this long.
It's not that family values don't matter, Moddy. It's that our families value people in vastly broader ways than yours.
Most Republicans only support one type of family and the facts on the ground are that that one type of family is far from the only type of family in which Americans live. Most Dems, on the other hand, support all of the wide variety of family types that actually exist,. Therefore Dems should be seen as the ones wit values most strongly in support of American families.
The same is true of supporting the married state. Republicans want to restrict marriage only to those who conform to their personal ideal of what marriage should be, never mind that half of that type of marriage ends in divorce leaving children without the benefit of the two live-in heterosexual parents posited as ideal anyway. Also some parents die and some parents never marry, rendering the child based argument for restricting marriage a very poor one. Most Dems, on the other hand, believe that marriage should be an option for loving committed couples regardless of their sexual orientation. In seeking to expand rather than to restrict access to it, Dems should be seen as the stronger supporters of the institution of marriage
You righties have a very strange and limited view of family values, the meaning of family and the value of all loving, committed relationships.
That would be "wit"h and ignore the extra comma.
eerrrgggghhh!… "with".
Most Republicans only support one type of family……And that family was fictional and only existed on TV in the early 60's.