Gay marriage Ban Struck Down in Utah.

[Mr. Illini]

"It always seems impossible until it's done." --Nelson Mandela

Ah, the first cheap Mandela quote.

U mad?

[Landslide Lyndon]

http://fox13now.com/2013/12/22/10th-circuit-court-denies-utahs-emergency-motion-for-temporary-stay/

10th Circuit Court denies Utah’s Emergency Motion for Temporary Stay

Utah Gov. Gary R. Herbert filed seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage, and on Sunday the United States Court of Appeals Tenth District denied the motion.

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.”

According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

[Likely Voter]

Got to love how in Utah, this is an Emergency!

Salt Lake City mayor Becker marrying state senator Dubakis and now-husband.

RED ALERT! People who love each other are demonstrating that committment to start a family.

[IceSpear]

"Gays are such degenerates, all they do is sleep with dozens of people and spread diseases!"

"How dare those gays get married and form a monogamous union! It's an emergency! Someone stop them!"

[Consciously Unconscious]

"Gays are such degenerates, all they do is sleep with dozens of people and spread diseases!"

"How dare those gays get married and form a monogamous union! It's an emergency! Someone stop them!"

Pretty accurate summary of their arguments.

[SteveRogers]

http://fox13now.com/2013/12/22/10th-circuit-court-denies-utahs-emergency-motion-for-temporary-stay/

10th Circuit Court denies Utah’s Emergency Motion for Temporary Stay

Utah Gov. Gary R. Herbert filed seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage, and on Sunday the United States Court of Appeals Tenth District denied the motion.

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.”

According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

Hahaha it's a Christmas miracle!

[Flake]

http://fox13now.com/2013/12/22/10th-circuit-court-denies-utahs-emergency-motion-for-temporary-stay/

10th Circuit Court denies Utah’s Emergency Motion for Temporary Stay

Utah Gov. Gary R. Herbert filed seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage, and on Sunday the United States Court of Appeals Tenth District denied the motion.

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.”

According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

Hahaha it's a Christmas miracle!

This is like the best Christmas present ever

[anvi]

If I understand that short blurb correctly, it said the motion denied because it was made on emergency grounds, but that a motion for stay pending appeal might be accepted.  I was somehow under the impression that Utah's governor had more sense than to make an emergency motion like that--what an epic loser move.

[bedstuy]

If I understand that short blurb correctly, it said the motion denied because it was made on emergency grounds, but that a motion for stay pending appeal might be accepted.  I was somehow under the impression that Utah's governor had more sense than to make an emergency motion like that--what an epic loser move.

I'm not sure about this, but I think Utah can still get a stay of the decision.  Getting any sort of emergency ruling from a court generally requires that you show you're going to suffer immediate, irreparable harm without the ruling.  Utah doesn't have a good case that gays getting married constitutes irreparable harm to the state of Utah.

[Bacon King]

From the court ruling:

"The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court."

Basically the only point of this motion was to get the Circuit Court to stop gay marriages until 9 AM tomorrow, when the District Court will decide whether to stop gay marriages until the Circuit Court hears Utah's appeal. Their argument in favor of a stay was literally "STOP THE GAY MARRIAGES PLZ we know we don't meet the required reasons for a stay but we don't even need to talk about those cuz we're not motioning for a stay pending appeal, we're motioning for a stay pending a stay pending appeal"

[Zioneer]

I'm pretty sure Utah's conservatives are messing this up because they don't exactly have a working AG in office right now.

[publicunofficial]

I'm pretty sure Utah's conservatives are messing this up because they don't exactly have a working AG in office right now.

True. Swallow was corrupt, but he was at least competent.

[Holmes]

[Zioneer]

I'm pretty sure Utah's conservatives are messing this up because they don't exactly have a working AG in office right now.

True. Swallow was corrupt, but he was at least competent.

I wouldn't argue that he was competent; he was so brazenly corrupt that it removes any possibility of competency. He knew the law, and how to make money, and that's it.

[RedSLC]

As of now, there are three counties in Utah that have issued same-sex marriage licenses: Salt Lake County (The biggest county in the state), Weber County (Ogden), and Washington County (St. George). Additionally, Davis County plans to begin issuing marriage licenses today.

Three counties have refused to issue licenses: Utah County (Provo/Orem), Box Elder County (Brigham City), and Millard County. Not particularly surprising, especially with Utah and Millard, which were the counties most strongly in favor of banning SSM out of all of Utah's counties (They were the only two counties to give the anti-SSM referendum over 80 percent of the vote).

[Landslide Lyndon]

And now another federal judge has (narrowly) rejected Ohio's ban.

http://www.washingtonpost.com/national/ap-narrow-ruling-rejects-ohio-gay-marriage-ban/2013/12/23/3d940e7a-6bf5-11e3-a5d0-6f31cd74f760_story.html

A federal judge ordered Ohio authorities Monday to recognize gay marriages on death certificates, saying that the state’s ban on such unions is unconstitutional and that states cannot discriminate against same-sex couples simply because some voters don’t like homosexuality.

Although Judge Timothy Black’s ruling applies only to death certificates, his statements about Ohio’s gay-marriage ban are sweeping, unequivocal and expected to incite further litigation challenging the law.

Black cited a prediction by U.S. Supreme Court Justice Antonin Scalia, who wrote in a strong dissenting opinion in June that the court majority’s decision to strike down part of an anti-gay marriage law would lead to a rash of state challenges.

Black said the prediction came true and now the lower courts must apply the high court’s ruling.

“The question presented is whether a state can do what the federal government cannot — i.e., discriminate against same-sex couples ... simply because the majority of the voters don’t like homosexuality (or at least didn’t in 2004),” Black said in reference to the year Ohio’s gay marriage ban passed. “Under the Constitution of the United States, the answer is no.”

[Landslide Lyndon]

Judge Shelby denied Utah's request for a stay.

https://twitter.com/BenWinslow/status/415184084231397376

[Holmes]

Utah getting closer to becoming to de facto 18th state with same-sex marriage, and not just a temporary one.

[Blue3]

It is the 18th state, nothing can now undo the marriages which have already been conducted.

[MyRescueKittehRocks]

The people and representatives of Utah together banned it. The federal government needs to respect the will of the citizens of Utah and California to maintain and enforce their bans of gay marriage. Article 1 Section 8 and the 10th Amendment apply in this case. Keep standing against this activist judge and enforce the ban in the name of the Constitution.  Liberty without Morality is anarchy

[Mopsus]

Liberty without Morality is anarchy

I believe that liberty is immoral. What now?

[SteveRogers]

The people and representatives of Utah together banned it. The federal government needs to respect the will of the citizens of Utah and California to maintain and enforce their bans of gay marriage. Article 1 Section 8 and the 10th Amendment apply in this case. Keep standing against this activist judge and enforce the ban in the name of the Constitution.  Liberty without Morality is anarchy

So what do you think of the 14th amendment? Cite the 10th amendment all you want, but the 10th amendment gives powers to the states except for "those prohibited by it [the constitution] to the states". The 14th amendment expressly prohibits the states from passing certain laws. Whether or not those laws are backed by ballot initiatives is entirely irrelevant. So do you have a rebuttal to a 14th amendment argument, or are you just going to keep parroting the same nonsense?

[PJ]

The people and representatives of Utah together banned it. The federal government needs to respect the will of the citizens of Utah and California to maintain and enforce their bans of gay marriage. Article 1 Section 8 and the 10th Amendment apply in this case. Keep standing against this activist judge and enforce the ban in the name of the Constitution.  Liberty without Morality is anarchy

Stop this immoral rhetoric. It's causing anarchy.

[Likely Voter]

Conservatives know that the constitution doesn't help them when arguing against SSM, which is why they came up with the so called "Federal Marriage Amendment" The problem is that when they started really pushing it a decade ago (especially around the 2004 election) it was too late. If they pushed for it around the time DOMA passed in 1996 it probably would have succeeded. In fact Bill Clinton defended his signing of DOMA as a way of "diffusing" a push for amendment in the 90s.

[Holmes]

"Liberty without Morality is anarchy"

Wow, that's deep man. Put that on a Hallmark card toute suite.