The Most Inept Court Defense of ‘Traditional Marriage’ Comes From the Reddest of States
by ERIC ETHINGTON
Some might assume that the reddest of red states would have the strongest case prepared in defense of its ban on same-sex marriage. Well, that assumption couldnt be further from the truth. Utahs case has been so riddled with errors, mistakes, and mishaps, it could almost be mistaken for the Three Stooges 1936 Disorder in the Court.
Nobody was expecting to see marriage equality arrive in Utah without a federal mandate, much less in December of 2013. I mean come on, its Utahhome of the Mormon (LDS) church, an almost 90 percent Republican state legislature, and a voter-approved constitutional ban on not only marriage for same-sex couples, but also civil unions or anything even closely resembling similar recognition of non-hetero couples. But perhaps it was that very security in their iron-clad shield against the gay agenda that has caused such havoc and ineptitude in the case.
Utah was at a disadvantage in the case over Amendment 3 (its 2004 ban on marriage equality) from the beginning. At the time it was argued before Utah Judge Robert Shelby, Utahs Republican Attorney General John Swallow was under multiple investigations for fraud and corruption by the FBI, DOJ, state legislature, Utah Bar Association, and the Salt Lake County/Davis County District Attorneys. The investigations (which ultimately led to Swallows resignation) caused major disruption in the Attorney Generals office, and the seemingly easy-win case for Utah wasnt given much time or attention. The usual conservative arguments were madesame-sex couples are just awful parents, marriage has been between a man and a woman since before time, etc.and everyone just assumed that would be enough.
But then Judge Shelby, drawing on the Supreme Courts ruling in United States v. Windsor, ruled in favor of marriage equality. And in what has got to be the most irrational string of mistakes in a major court case ever seen, Utah fell apart scrambling to fix things.
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http://thenewcivilrightsmovement.com/the-most-inept-court-defense-of-traditional-marriage-comes-from-the-reddest-of-states/marriage/2014/03/31/84971