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DonViejo

(60,536 posts)
Wed Jul 9, 2014, 04:16 PM Jul 2014

Utah to appeal gay marriage ruling to high court

Source: ASSOCIATED PRESS

SALT LAKE CITY (AP) — Utah is going straight to the U.S. Supreme Court to challenge a federal appeals court ruling that found states must allow gay couples to marry.

State Attorney General Sean Reyes’ office said in a statement Wednesday it will file an appeal to the high court sometime in the next couple of weeks, rather than taking its case to the entire 10th U.S. Circuit Court of Appeals.

On June 25, a three-judge panel of the 10th Circuit in Denver ruled 2-1 that states cannot deprive same-sex couples of the fundamental right to marry. The decision upheld a December ruling from a lower court that overturned Utah’s gay marriage ban. Voters approved the ban in 2004.

The rulings have come during a remarkable winning streak for gay marriage activists since the Supreme Court last year struck down the federal Defense of Marriage Act.

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Read more: http://www.salon.com/2014/07/09/utah_to_appeal_gay_marriage_ruling_to_high_court/

11 replies = new reply since forum marked as read
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dbackjon

(6,578 posts)
4. That is my only comfort right now on this
Wed Jul 9, 2014, 05:14 PM
Jul 2014

Big Businesses want this settled. They don't want to have different benefit laws in different states. They don't want to have to explain to a valued employee that when they get tax breaks to move the company to a state without gay marriage that their marriage will not be valid there.

 

happyslug

(14,779 posts)
5. The problem is it looks like a Majority on the Court WANT this to be a State Option
Wed Jul 9, 2014, 05:31 PM
Jul 2014

In the case against the DOMA, the Justices that voted to strike it down, all said because Marriage was a power reserved to the States. The Dissent in the companion case involving California's ban on gay marriage all said it was something reserved to the states (The majority in the case decided the case in Standing, saying that if the Governor or Attorney General did not defend the law, no one else had standing, the dissent took issue with that position for the whole ideal behind voters initiatives was to by pass such elected officials. The Dissent objected to the ruling that no one else has standing. The dissent said that means when the people of a state can pass a law that the elected officials oppose, the elected officials can get that law stricken by a friendly Federal Courts and no one else has the right to appeal to reverse that decision, even if the decision is flatly wrong. The dissent says such a ruling clearly indicates a complete disregard of the concept of Voter's initiatives by the majority.

I bring this up, for I suspect Scalia would join the four dissenters to make up a majority of five if that case was decided on the merits instead of being based in standing. It also looks like Kennedy may go the same way, but both became hung up over the standing argument, both wanted to restrict who could take what cases into Federal Court.

Thus Big Business may want this settled, but big business is perfectly happy to leave it up to each state for it is an issue that can bring conservative voters to the polls and while at the polls also vote for pro business conservatives. That increase in conservative vote turn out is the real goal of big business. Lets not forget that.

wandy

(3,539 posts)
3. Any bets on how long it will take them to sight deeply held religious beliefs..........
Wed Jul 9, 2014, 05:03 PM
Jul 2014

based on a case involving Hobby Lobby?

wandy

(3,539 posts)
9. Sure is and I think they had it on file in less than 24 hours............
Wed Jul 9, 2014, 07:26 PM
Jul 2014
140 Religious Leaders Petition For Exemption From Obama’s Pending LGBT Executive Order
http://www.towleroad.com/2014/06/religious-leaders-petition-for-exemption-from-obamas-pending-lgbt-anti-discrimination-executive-orde-1.html

Limited scope my A**........

And the corporate persons are only getting starting on the first amendment.

Ruby the Liberal

(26,217 posts)
10. I have no issue with states being allowed to also have "religious beliefs"
Wed Jul 9, 2014, 07:38 PM
Jul 2014

under the condition that we fence them off, impose tariffs and cut them off from federal benefits.

wandy

(3,539 posts)
11. Why not, but I want the airplanes back, and all the other military toys.......
Wed Jul 9, 2014, 08:12 PM
Jul 2014

and the high tech stuff that goes with it FAA, NOAA et all the whole lot.

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