UT gay marriage: Federal Judge smites Scalia -- with his own words.

[pnwmom]

http://www.businessinsider.com/utah-gay-marriage-unconstitutional-scalia-2013-12

Scalia warned that the Supreme Court's reasoning that struck down the Defense of Marriage Act — which denied federal benefits to same-sex couples — could be used to strike down state laws banning same-sex marriage. Scalia, who's notoriously anti-gay marriage, was saying this was a bad thing. In an interesting twist, Utah's Judge Shelby quoted Scalia's negative prophecy in his pro-gay marriage opinion:

"In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today's opinion ... is that DOMA is motivated by 'bare ... desire to harm' couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status."

Shelby then wrote that he "agreed" with that part of Scalia's opinion, and offered his response. Though Scalia meant it as some kind of dire warning, Shelby cited the Supreme Court's decision as a reason to overturn Utah's law:

The court agrees with Justice Scalia’s interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law.

SNIP

[Tx4obama]

1. Thank You Senator Hatch (R-UT)

-snip-

The ruling has thrust Shelby into the national spotlight less than two years after Congress approved his nomination to the federal bench. He was appointed by President Barack Obama after GOP Sen. Orrin Hatch recommended him in November 2011.

-snip-

http://apnews.excite.com/article/20131221/DAAQFFUO0.html

Shelby was confirmed by the Senate (by voice vote) only a little more than a year ago - September 21, 2012 and began active service September 25, 2012
https://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama

Judge Robert Shelby, BIO: https://en.wikipedia.org/wiki/Robert_J._Shelby

[pnwmom]

2. I noticed that, too! This whole thing is too wonderful. n/t

[BrotherIvan]

3. Delicious