LGBT
Related: About this forumUtah Judge “Agrees with Scalia,” Strikes Down Gay Marriage Ban
By Mark Joseph Stern
:::snip:::
Judge Shelby has a similar reading of the courts rulings in Lawrence and Windsor, though he casts it in a more positive light than Scalias dark prophecies. In fact, Shelby seems to be teasing Scalia at times in his opinion. In his dissenting opinion, Shelby notes, the Honorable Antonin Scalia recognized that [legalized gay marriage] was the logical outcome of the courts ruling in Windsor. He then quotes from Scalia:
In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by todays opinion. As I have said, the real rationale of todays 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.
Shelbys response to this grim prediction?
The court agrees with Justice Scalias interpretation of Windsor. ... And Justice Scalia even recommended how this court should interpret the Windsor decision when presented with the question that is now before it.
And later, one final parting shot:
The court therefore agrees with the portion of Justice Scalias dissenting opinion in Lawrence in which Justice Scalia stated that the Courts reasoning logically extends to protect an individuals right to marry a person of the same sex.
Same-sex marriage, then, is really just one more laurel in Scalias legacy, following closely on the heels of Bush v. Gore and Citizens United. Scalia must be proud: Not many people can say they were integral in bringing about the end of anti-gay-marriage bans. But really, it couldnt have happened to a better person.
full article
http://www.slate.com/blogs/outward/2013/12/20/utah_gay_marriage_judge_agrees_with_scalia_strikes_down_ban.html
blkmusclmachine
(16,149 posts)Evangelicals like the creepy rightwing religious Cult in Washington DC called The Family.
MNBrewer
(8,462 posts)Vanje
(9,766 posts)Utah.
Change has come
(2,372 posts)Fucking Utah!
closeupready
(29,503 posts)to reverse himself, and I just LOVE how Shelby really (deliberately or not) pre-emptively defused that point, i.e., if the case comes before the SCOTUS, then Scalia will likely have to either support his own reasoning in Windsor and Lawrence and vote to affirm Shelby's decision, or else admit that he (Scalia) was wrong in those prior cases, which is something he will almost certainly never do.
TeeYiYi
(8,028 posts)I never expected to see this.
TYY