SCOTUS temporarily halts gay marriage in Utah

[Mad Deadly Worldwide Communist Gangster Computer God]

http://www.businessinsider.com/supreme-court-stops-gay-marriage-in-utah-for-now-2014-1

F**k.

[Hifly]

Brilliant news. And the status of those already married should not be affected.

[Sol]

Evil.

[Cory]

Evil.

[anvi]

SCOTUS is granting a stay application, which was predictable.  But either the 10th Circuit or SCOTUS will eventually agree that the Utah state ban was unconstitutional.  It's tough for couples who want to marry to have to wait for a while, but it's only a matter of time now.

[Mad Deadly Worldwide Communist Gangster Computer God]

Ugh, I don't like this.  The Court dismissed the Prop 8 suit last summer, so they obviously didn't rule on whether gay marriage is constitutional or not.  As the article states, the losing side is likely going to ask SCOTUS to weigh in on this issue, and then the Court will have the opportunity to decide.  I don't know if the halt is any indicator of how the Court will ultimately rule, but this is a really bad sign.

[MaxQue]

Ugh, I don't like this.  The Court dismissed the Prop 8 suit last summer, so they obviously didn't rule on whether gay marriage is constitutional or not.  As the article states, the losing side is likely going to ask SCOTUS to weigh in on this issue, and then the Court will have the opportunity to decide.  I don't know if the halt is any indicator of how the Court will ultimately rule, but this is a really bad sign.

I wouldn't worry. Granting a stay until the whole thing is heard by the Court is the usual practice. Also, this was done by Sotomayor, which I have no doubt she would rule for gay marriage.

[Person Man]

It was Justice Sotomayor who granted the stay. I think she genuinely wants there to be adequate time to decide the issue. If the Court pushes too hard to the left, it will further cement amongst the electorate that the Court does what it wants. If it pushes too hard to the right, it could potentially undo past Civil Rights decisions (If gays aren't a suspect class, were we wrong about other people? Do suspect classes have less protection than we thought? And so forth..)

[bedstuy]

Ugh, I don't like this.  The Court dismissed the Prop 8 suit last summer, so they obviously didn't rule on whether gay marriage is constitutional or not.  As the article states, the losing side is likely going to ask SCOTUS to weigh in on this issue, and then the Court will have the opportunity to decide.  I don't know if the halt is any indicator of how the Court will ultimately rule, but this is a really bad sign.

No.  This is completely predictable and not a sign in either direction.  Eventually, this will be resolved at the Supreme Court and that's where the action will be.

[Antonio the Sixth]

In all objectivity, it's probably the soundest decision at this point. It makes little sense to start allowing marriages before the final decision has been issued.

[○∙◄☻¥tπ[╪AV┼cVê└]

Is it unusual for SCOTUS to grant a stay pending an appeal to a lower court?

[IceSpear]

It was pretty unrealistic to expect a stay to never be issued. It was very surprising that the original court didn't give one.

[bedstuy]

It was pretty unrealistic to expect a stay to never be issued. It was very surprising that the original court didn't give one.

Utah didn't ask for a stay because they just forgot.  The Court can only grant a stay if a party asks them.

[minionofmidas]

This is surprising how?

[Stand With Israel. Crush Hamas]

This is standard operating procedure and should not be taken as an indication of anything bad. Sucks for the people who wanted to get married right now, but hopefully it'll be settled for good and they'll have no more obstacles in their way.

[MaxQue]

It was pretty unrealistic to expect a stay to never be issued. It was very surprising that the original court didn't give one.

Utah didn't ask for a stay because they just forgot.  The Court can only grant a stay if a party asks them.

They asked one afterwards, but the Court declined.

[True Federalist (진정한 연방 주의자)]

Discuss the issue folks.  Do not discuss other posters.

x Your friendly neighborhood spidermod

[Landslide Lyndon]

It was pretty unrealistic to expect a stay to never be issued. It was very surprising that the original court didn't give one.

Utah didn't ask for a stay because they just forgot.  The Court can only grant a stay if a party asks them.

They asked one afterwards, but the Court declined.

That's because Utah's AG office botched it twice. If they were semi-competent then judge Shelby would have issued one, just like Walker did with his Prop 8 decision.

[HagridOfTheDeep]

In all objectivity, it's probably the soundest decision at this point. It makes little sense to start allowing marriages before the final decision has been issued.

This. It is consistent and logical. Plus, in the end, I think it's pretty clear that banning gay marriage is unconstitutional. SCOTUS will make the approrpriate ruling, 5-4, as you'd expect.

[SteveRogers]

Oh well, this expected and it's kind of surprising it took this long. At least people in Utah were able to get in some nice holiday weddings before the stay.

[True Federalist (진정한 연방 주의자)]

In all objectivity, it's probably the soundest decision at this point. It makes little sense to start allowing marriages before the final decision has been issued.

This. It is consistent and logical. Plus, in the end, I think it's pretty clear that banning gay marriage is unconstitutional. SCOTUS will make the appropriate ruling, 5-4, as you'd expect.

It conceivably could even be 6-3.  If Roberts can come up with a reason convincing enough to himself to let him vote in favor of gay marriage and keep this from being a 5-4 decision, even if he'd vote against it if that were the majority opinion, I think he will do that so as to try and depoliticie the court.  That truly does seem to be his major concern, how to depoliticize the court.

[Zioneer]

Oh well, this expected and it's kind of surprising it took this long. At least people in Utah were able to get in some nice holiday weddings before the stay.

Over 1,300 marriages, in fact, including that of my sister to her girlfriend. Still proud of that.

[RedSLC]

Oh well, this expected and it's kind of surprising it took this long. At least people in Utah were able to get in some nice holiday weddings before the stay.

Over 1,300 marriages, in fact, including that of my sister to her girlfriend. Still proud of that.

Great to hear!

[Blue3]

Ugh, I don't like this.  The Court dismissed the Prop 8 suit last summer, so they obviously didn't rule on whether gay marriage is constitutional or not.  As the article states, the losing side is likely going to ask SCOTUS to weigh in on this issue, and then the Court will have the opportunity to decide.  I don't know if the halt is any indicator of how the Court will ultimately rule, but this is a really bad sign.

No.  This is completely predictable and not a sign in either direction.  Eventually, this will be resolved at the Supreme Court and that's where the action will be.

[morgieb]

I'm assuming the marriages which have already been issued are still allowed right?

I think it makes legal sense, given that the law hasn't been decided yet.