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Old Jan 6th, 2014, 04:18 PM   #1
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SCOTUS halts same-sex mariages in Utah

http://www.latimes.com/nation/nation...,1384120.story


By David Lauter and Tim Phelps

January 6, 2014, 8:10 a.m.

WASHINGTON -- The Supreme Court on Monday put same-sex marriages on hold in Utah until a federal appeals court can rule on whether the state law banning the practice violates the Constitution.

The unsigned, one-paragraph order did not spell out the court’s reasoning in the case -- orders that put lower-court decisions on hold frequently do not do so. The order did not indicate any dissents.

The decision will block further same-sex marriages in Utah for at least several weeks. The 10th Circuit Court of Appeals, based in Denver, has told both sides in the dispute to submit legal arguments by the end of this month.

The appeals court is expected to hold an argument quickly after the briefs are submitted.

[Updated, 8:21 a.m. PST Jan. 6: In late December, a U.S. District Court judge in Utah ruled that that state’s ban on gay marriage violated the Constitution, a major expansion of gay rights beyond what the Supreme Court had ruled in two landmark cases in June.

The judge surprised legal experts by putting his ruling into effect immediately, allowing hundreds of gay couples to marry.

The high court’s decision suggests that the justices were not prepared to allow a single district judge to decide that the Constitution gives gays and lesbians a right to marry, regardless of state laws.

Last year, the Supreme Court struck down a federal law that denied benefits to legally married same-sex couples, but it stopped short of ruling that these couples have a right to marry.]
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Old Jan 6th, 2014, 04:20 PM   #2
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Re: SCOTUS halts same-sex mariages in Utah

http://online.wsj.com/news/articles/...04411611660106


By
Brent Kendall

Updated Jan. 6, 2014 12:03 p.m. ET

The Supreme Court on Monday ordered a temporary stop to same-sex marriages in Utah, the high court's first intervention in a new case that asks whether gays have a constitutional right to marry.

The Supreme Court's action, announced in a brief written order, comes after a Dec. 20 trial-court ruling that struck down state laws limiting marriage to opposite-sex couples. Since then, hundreds of same-sex couples have married in Utah.

The state had asked the Supreme Court to halt further marriages while its appeal of the trial-court ruling was pending. The state filed its emergency request to Justice Sonia Sotomayor, who oversees the region including Utah, and she referred the issue to the entire Supreme Court. It granted the request without any written dissent.
Enlarge Image

Two couples wait to get married in Salt Lake City in December. Reuters

The Supreme Court issued two rulings on gay-marriage cases in June 2013 but neither directly stated whether the U.S. Constitution guarantees a right of same-sex marriage.

In one case, the court struck down a 1996 federal law that denied federal benefits to lawfully wedded same-sex couples. In the second, the court declined to rule on the merits of California's ban on same-sex marriage, deciding the case on procedural issues and leaving in place a lower-court ruling that had invalidated the California law.

The Utah ruling by U.S. District Judge Robert Shelby has raised the prospect that the Supreme Court may have to address squarely the issue it avoided in 2013. Judge Shelby ruled that Utah's marriage restrictions violated the equal-protection and due-process guarantees of the U.S. Constitution. He refused to postpone the effect of his ruling, and the U.S. Court of Appeals for the 10th Circuit likewise refused to leave Utah's gay-marriage ban in force while the case continued on appeal.

In its emergency appeal to the Supreme Court filed on New Year's Eve, Utah argued that Judge Shelby's ruling was an affront to the state's interests in "being able to define marriage through ordinary democratic channels."

The same-sex couples who challenged Utah's marriage laws argued in a filing with the Supreme Court that there was no legal justification for halting same-sex marriages now. The couples said the state was suffering no irreparable harm from the marriages.

The challengers either want to get married in Utah or are legally married elsewhere and want the state to recognize those marriages. Seventeen other states and the District of Columbia allow same-sex marriage.

The Supreme Court's order means Judge Shelby's ruling isn't in force while the state is challenging it on appeal. The 10th Circuit, based in Denver, has agreed to consider Utah's appeal on an expedited basis. Written arguments by both sides are due in court next month. If Utah loses at the 10th Circuit, it will likely ask the Supreme Court to intervene.

In its written arguments to the Supreme Court, Utah raised the possibility of unwinding the recent same-sex marriages should it ultimately prevail on appeal. The challengers, however, said it was "by no means clear" that a win for Utah would result in the invalidation of the existing marriages.
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Old Jan 6th, 2014, 05:59 PM   #3
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Re: SCOTUS halts same-sex mariages in Utah

The people of Utah voted to ban gay marriage. Why ignore the voter referendum?
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Old Jan 6th, 2014, 06:20 PM   #4
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Re: SCOTUS halts same-sex mariages in Utah

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The people of Utah voted to ban gay marriage. Why ignore the voter referendum?
Same reason why they abolished slavery. Duh.
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Old Jan 6th, 2014, 06:21 PM   #5
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Re: SCOTUS halts same-sex mariages in Utah

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Originally Posted by Williamsser View Post
The people of Utah voted to ban gay marriage. Why ignore the voter referendum?
Because the US is liberal as well as democratic. And in this case, the question is if such a ban is even constitutional.
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Old Jan 6th, 2014, 06:26 PM   #6
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Re: SCOTUS halts same-sex mariages in Utah

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Originally Posted by Williamsser View Post
The people of Utah voted to ban gay marriage. Why ignore the voter referendum?
How ignorant! If you were a minority, would you let the majority vote on your constitutional rights?
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Old Jan 6th, 2014, 06:46 PM   #7
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Re: SCOTUS halts same-sex mariages in Utah

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How ignorant! If you were a minority, would you let the majority vote on your constitutional rights?
The top 1% income earners are a minority, yet the 99% majority decides how much taxes the 1% pay.
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Old Jan 6th, 2014, 06:47 PM   #8
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Re: SCOTUS halts same-sex mariages in Utah

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Because the US is liberal as well as democratic. And in this case, the question is if such a ban is even constitutional.
It should be up to the states.
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Old Jan 6th, 2014, 06:59 PM   #9
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Re: SCOTUS halts same-sex mariages in Utah

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The top 1% income earners are a minority, yet the 99% majority decides how much taxes the 1% pay.
Lol, the 99% wished they did. Such delusion from you.
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Old Jan 6th, 2014, 07:35 PM   #10
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Re: SCOTUS halts same-sex mariages in Utah

I suppose that little tantrum-throwing former candidate for the state legislature, who is on a hunger strike will end it now huh?
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Old Jan 6th, 2014, 07:36 PM   #11
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Re: SCOTUS halts same-sex mariages in Utah

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The top 1% income earners are a minority, yet the 99% majority decides how much taxes the 1% pay.
The ignorance
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Old Jan 6th, 2014, 08:56 PM   #12
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Re: SCOTUS halts same-sex mariages in Utah

If they can have gay marriage in Utah no state is safe The Mormon lobby is the reason a lot of states banned gay marriage, especially on the West coast. In my state they even voted to make it a part of the state's constitution.
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Old Jan 7th, 2014, 02:06 AM   #13
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Re: SCOTUS halts same-sex mariages in Utah

The real story here is that someone beat Williamsser to posting the article.
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Old Jan 7th, 2014, 02:19 AM   #14
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Re: SCOTUS halts same-sex mariages in Utah

I think it is hard to stop same-sex marriage momentum now.


Some states will try to slow it down, but won't be able to stop it.
Time is not on their side, younger generation supports it, as the old folks die out and young become adults, the momentum only picks up steam.
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Old Jan 7th, 2014, 03:13 AM   #15
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Re: SCOTUS halts same-sex mariages in Utah

Majority should rule. That's what America was founded upon

I am not saying I agree or disagree with the majority but like tennisbum said, time is on the oppositions side and they will just have to wait a little bit longer
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