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Old Dec 26, 2013, 07:34 PM   #1
Sydde
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Utah: 18th state to legalize SSM

10th Circuit court denies Utah's appeal to stop gay weddings
The 10th Circuit Court of Appeals denied the state of Utah’s request to stop same-sex couples’ marriages during the appeal of the judge’s ruling that started those marriages on Friday. “Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” Judges Jerome Holmes and Robert Bacharach wrote in an order signed by court clerk Elisabeth Shumaker for the court.

“[Y]es the office is appealing the denial of a stay by the 10th Circuit Court. We will aim to file thursday,” Utah Attorney General’s Office spokesman Ryan Bruckman told BuzzFeed in an email. Interim requests of the type that would be filed in this situation would go to Justice Sonia Sotomayor, who oversees such requests from the 10th Circuit. She could either decide the matter on her own or refer the matter to the whole court for consideration.

Because of that Monday denial, most counties in the state allowed same-sex couples to marry on Tuesday. Additionally, an email sent from the Utah governor’s chief of staff to cabinet officers on Tuesday urged “compliance with the federal judge’s ruling until such time that the current district court decision is addressed by the 10th Circuit Court.” In light of the decision of the 10th Circuit Tuesday night, that compliance order would appear to be ongoing.
The state whence came the biggest support for California's infamous Proposition 8 has progress come back around and nip them in the tushie. ISTR the state's attorney arguing that marriage is between one man and one woman. In Utah. Maybe they could have tried a less disingenuous argument.
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Old Dec 26, 2013, 07:41 PM   #2
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Utah and the LDS are finding out that Karma is a bitch....

A sweet victory to say the least.
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Old Dec 27, 2013, 01:52 AM   #3
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Two good female friends I know that have been together for six years got hitched. They were very happy. Good for them.

And the AG had to crack the whip on certain municipalities because they refused to issue licenses...yeah illegal, can't do that.
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Old Dec 27, 2013, 04:59 AM   #4
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Only 32 more to go.
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Old Dec 27, 2013, 09:41 AM   #5
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It is like a domino effect. Shame that Texas will most likely be the last.
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Old Dec 30, 2013, 01:48 PM   #6
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It is like a domino effect. Shame that Texas will most likely be the last.
No, my friend. I believe that honor belongs to South Carolina.

In all seriousness, I expect a massive chunk of states to legalize it all at one once the Supreme Court issues a ruling declaring the bans unconstitutional.
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Old Dec 30, 2013, 02:25 PM   #7
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Good times for American wedding photographers! Unless they're homophobic...
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Old Dec 30, 2013, 02:32 PM   #8
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It is like a domino effect. Shame that Texas will most likely be the last.
Wonderful news!

I'm hoping it will become increasingly difficult for other States to avoid joining the sanity.
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Old Dec 30, 2013, 02:34 PM   #9
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No, my friend. I believe that honor belongs to South Carolina.

In all seriousness, I expect a massive chunk of states to legalize it all at one once the Supreme Court issues a ruling declaring the bans unconstitutional.
Yup. Just like they had to forcibly legalize interracial marriage in many states through Virginia v Loving.
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Old Dec 30, 2013, 07:12 PM   #10
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It is like a domino effect. Shame that Texas will most likely be the last.
Nah, it'll be Oklahoma.
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Old Dec 30, 2013, 07:24 PM   #11
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If you're talking about voluntary legalization, about the only possibilities left are Oregon and Nevada.

If you're talking about through the courts, it will obviously come to 20-30 odd states all at once. There most definitely will not be a situation where it's legal in 49 states one day and 50 the next.

If you're talking about actually REPEALING their disgusting laws, remember that it took South Carolina until 1998 and Alabama until 2000 to officially amend their states' constitutions to remove language prohibiting miscegenation, despite those laws being invalidated over 30 years earlier. I'm sure some states will hang on to their hatred at least that long too.
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Old Dec 30, 2013, 08:13 PM   #12
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This is wonderful news.

But I have a slight quibble with the thread title:

Utah: 18th state to legalize SSM

Not sure it is accurate to say "Utah . . . legalize[d]" anything, as opposed to being forced to do so by a federal judge (supported by both Hatch and Lee during conformation, heh heh). The State itself, through the governor and AG, is trying like crazy to get the judge reversed, having filed five appeals thus far. In fact, the new AG, sworn in only today after the other guy resigned over campaign finance violations, has already outlined his strategy to get this overturned.

I think we should put his civil rights up for a majority vote (although, in Utah, who knows).

Quote:

An application for stay likely will be filed Tuesday with the U.S. Supreme Court, Reyes said about five minutes after he officially became the state’s top law officer. The state had hoped to make the request by Monday but was still evaluating additional outside counsel to assist the legal effort. Reyes declined to name the firm or firms the state is considering hiring.

Brian Tarbet, who served as interim Attorney General until Monday, also declined to name who the state is considering hiring but on Monday said its negotiations may resolve over night.

However, Tarbet revealed that Monte N. Stewart, a Boise attorney and founding president of the Utah-based Marriage Law Foundation, has helped the state craft its legal theory so far and will be the attorney of record on the stay application. Stewart also will assist the state with its appeal to the 10th Circuit Court of Appeals in what could be an estimated $2 million legal battle over Amendment 3.
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Old Dec 30, 2013, 08:16 PM   #13
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I wonder when Louisiana is going to allow same sex people to get hitched. South Louisiana has a strong LBGT community and I can see them making a fuss for it. Bear in mind, South Louisiana has strong Baptist ties, so it'll be quite the battle.
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Old Dec 30, 2013, 08:58 PM   #14
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Nah, it'll be Oklahoma.
2 weeks ago, I would've thought that Utah would be among the last. But anything's possible.

For all we know, OK and TX may be next, and a traditionally more blue state might be last.
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Old Dec 30, 2013, 11:25 PM   #15
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But I have a slight quibble with the thread title
Perhaps the sarcasm and irony was too subtle?
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Old Dec 30, 2013, 11:51 PM   #16
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Perhaps the sarcasm and irony was too subtle?
Yes, that is one possibility.

Quote:

Utah: 18th state to legalize SSM
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Old Dec 31, 2013, 12:15 AM   #17
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Yes, that is one possibility.
The other possibility being that I wanted to grab Utah by the back of the head and rub their nose in the fact that same-sex marriages are being performed in their lovely state after all the effort the went to to outlaw them in another state. Naw, that could not be it.
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Old Dec 31, 2013, 07:30 AM   #18
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The other possibility being that I wanted to grab Utah by the back of the head and rub their nose in the fact that same-sex marriages are being performed in their lovely state after all the effort the went to to outlaw them in another state. Naw, that could not be it.
In the interest of accuracy, it was the LDS not the State of Utah itself that tried helping Prop8 along.
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Old Dec 31, 2013, 08:22 AM   #19
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In the interest of accuracy, it was the LDS not the State of Utah itself that tried helping Prop8 along.
Eh, Potato, Potatoe.

Either way, it's a well deserved serving of Karma (especially as government officials seem to be working tirelessly to make sure this is overturned).
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Old Dec 31, 2013, 08:39 AM   #20
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Good times for American wedding photographers! Unless they're homophobic...
Are you seriously saying that all wedding photographers that choose not to photograph a same sex marriage are homophobic?
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Old Dec 31, 2013, 09:34 AM   #21
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Are you seriously saying that all wedding photographers that choose not to photograph a same sex marriage are homophobic?
If it's only because of the same-sex couple, yes, it is homophobia.
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Old Dec 31, 2013, 09:36 AM   #22
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Just want to wish you all a very happy New Year's Steve.
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Old Dec 31, 2013, 09:37 AM   #23
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No, I'm sure it's honest-to-goodness religious conviction. It only looks like homophobia.
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Old Dec 31, 2013, 10:04 AM   #24
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Eh, Potato, Potatoe.

Either way, it's a well deserved serving of Karma (especially as government officials seem to be working tirelessly to make sure this is overturned).
It may be a minor point, but to those who have been fighting the LDS church, on issues like gay marriage, for many years, the difference is a bit more than potato, potatoe. I know from your other posts that you will appreciate that Utah is not the LDS church, and the LDS church is not Utah. In Salt Lake City itself, mormons are now a minority. I even have a few mormon friends who oppose the church on this issue. Yes, it is only a few, but it is not zero.

Compare and contrast Salt Lake County, where marriages were being performed within minutes of the ruling, with Utah County (home of BYU), where the county attorney refused to issue marriage licenses to same-sex couples for many days after the ruling, and did not relent until a warning from the judge and the threat of lawsuits. It was more than heartwarming to see the old City and County building in Salt Lake City swarming with volunteer ministers and others holding "officiant" signs, literally within minutes of the ruling. No couple who wanted to get married had to look very far for an officiant or witnesses. Those heroes are Utah.

There is a proper focus (in my opinion) of opprobrium here, but it is not the entire State of Utah, which is a pretty, great state (and if you don't recognize the joke there, you should go spend a few weeks in Park City).

Anyway, congratulations and good luck to all of the newly married couples, and let's hope judges in other states that are less progressive than Utah are paying attention.
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Old Dec 31, 2013, 10:11 AM   #25
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Eh, Potato, Potatoe.

Either way, it's a well deserved serving of Karma (especially as government officials seem to be working tirelessly to make sure this is overturned).
Working tirelessly? The appeal endeavor isn't even funded as of yesterday.

http://www.ksl.com/index.php?sid=281...nd-amendment-3

And support for an appeal isn't that high. Do you see any protestors, or idiots with signs on the street? I sure haven't. Not even in Provo...

Personally, I don't want the money spent on the appeal. As a tax payer I would rather see the money be spent elsewhere.
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