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10th Circuit rules Utah gay marriage ban unconstitutional

Posted on 6/25/14 at 1:15 pm
Posted by Toddy
Atlanta
Member since Jul 2010
27250 posts
Posted on 6/25/14 at 1:15 pm
This is huge. First appellate court ruling since the various district court rulings started in December.

The 4th Circuit ruling for Virginia should be released soon and the 6th Circuit ruling in the next few months.

What will happen if all of the appellate courts rule the same way? Since the SCOTUS tends to take cases when there are conflicting rulings at the Circuit level, they could possibly not take up a case at all and let the lower court rulings stand?


From NBC News:

quote:

For the first time, a federal appeals court has struck down a state's ban on same-sex marriage.

A three-judge panel of the 10th Circuit Court of Appeals in Denver voted 2-1 that Utah's ban is unconstitutional.

"We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state's marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union," the court said.


The 10th circuit ruling came on the same day that a federal judge struck down Indiana's ban on gay marriage, the latest in a series of lower court rulings that tossed out state prohibitions.
Posted by burdman
Louisiana
Member since Aug 2007
20685 posts
Posted on 6/25/14 at 1:17 pm to
:inb4anothergaythreadbyToddy:
Posted by Tim
Texas
Member since Jan 2005
7052 posts
Posted on 6/25/14 at 1:23 pm to
$18 trillion in debt
Posted by constant cough
Lafayette
Member since Jun 2007
44788 posts
Posted on 6/25/14 at 1:24 pm to
quote:

10th Circuit



Bunch of Putos
Posted by TigersforEver
Alexandria, LA
Member since Aug 2008
1930 posts
Posted on 6/25/14 at 1:25 pm to
Sickening - you know the people of Utah are against SSM, so no court should try to overrule the will of the people.
Posted by McLemore
Member since Dec 2003
31497 posts
Posted on 6/25/14 at 1:25 pm to
quote:

This is huge.


that's what housemate said.
Posted by Rickety Cricket
Premium Member
Member since Aug 2007
46883 posts
Posted on 6/25/14 at 1:26 pm to
Guess I'd better grab a chair for the inevitable religious nutjob freak out session.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79678 posts
Posted on 6/25/14 at 1:26 pm to
Hooray for forced acceptance.
Posted by petar
Miami
Member since May 2009
5989 posts
Posted on 6/25/14 at 1:27 pm to
quote:

$18 trillion in debt

yep, so lets get this stupid issue out the way, allow them to marry and try to balance our budget.
Posted by davesdawgs
Georgia - Class of '75
Member since Oct 2008
20307 posts
Posted on 6/25/14 at 1:27 pm to
quote:

Sickening - you know the people of Utah are against SSM, so no court should try to overrule the will of the people.


This. This fricking legislation by judges is bullshite.
Posted by petar
Miami
Member since May 2009
5989 posts
Posted on 6/25/14 at 1:30 pm to
quote:

This. This fricking legislation by judges is bullshite.


Rights of people is not trumped by legislation in this country and never has been.
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 6/25/14 at 1:31 pm to
Eagerly awaiting DawgfaninCa's take on this development.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50465 posts
Posted on 6/25/14 at 1:33 pm to
quote:

Rights of people is not trumped by legislation in this country and never has been.


The dishonesty of people to claim anyone's rights have been infringed because not every state recognizes gay marriage is truly disgusting.
This post was edited on 6/25/14 at 1:43 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98771 posts
Posted on 6/25/14 at 1:39 pm to
frick this country.
Posted by petar
Miami
Member since May 2009
5989 posts
Posted on 6/25/14 at 1:41 pm to
quote:


The dishonesty of people to claim rights are being infringed here is truly disgusting.



well you must think all these judges and the majoriy opinion of the USSC is dishonest as well as the many celebrities, politicians, musicians are dishonest as well. Conservative and Liberal alike have spoken out against discriminating against gay people and against a same-sex ban as infringing on their rights.

you know a majority of americans disagree with you and the ban of same-sex marriage right?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 6/25/14 at 1:50 pm to
quote:

Hooray for forced acceptance
Posted by davesdawgs
Georgia - Class of '75
Member since Oct 2008
20307 posts
Posted on 6/25/14 at 1:51 pm to
quote:

well you must think all these judges and the majoriy opinion of the USSC is dishonest as well as the many celebrities, politicians, musicians are dishonest as well. Conservative and Liberal alike have spoken out against discriminating against gay people and against a same-sex ban as infringing on their rights.


Marriage is not a right. Any rights associated with marriage can be granted through civil unions. Marriage is a largely religious institution. Government should have nothing to do with marriage for this reason. We are obviously headed for a head on collision between religious freedom and civil rights due to government interference with a predominantly religious institution. Religious freedom is already being infringed upon by judges legislating from the bench. If I don't want to bake a wedding cake for a gay couple due to my religious convictions then I should have the right to decline service to them. And yes, I also have the potential for such decisions affecting my business but that's part of free enterprise. Screw liberal progressives trying to mold this nation in their own image.
Posted by WeeWee
Member since Aug 2012
40133 posts
Posted on 6/25/14 at 1:52 pm to
quote:

Hooray for forced acceptance.


just wait for the forced attendance at all same sex marriages
Posted by imjustafatkid
Alabama
Member since Dec 2011
50465 posts
Posted on 6/25/14 at 1:55 pm to
quote:

well you must think all these judges and the majoriy opinion of the USSC is dishonest as well as the many celebrities, politicians, musicians are dishonest as well.


You don't think our politicians and judges are dishonest?

I'm not sure why I should care what celebrities and musicians think.

quote:

Conservative and Liberal alike have spoken out against discriminating against gay people and against a same-sex ban as infringing on their rights.


There was never any such thing as a ban on gay people having a ceremony to get married. That's not what this is about. I think they should certainly have been allowed to enter into contracts or issue wills to give their belongings to whomever they wish when they pass away but just being married isn't going to change anything about that beacuse there's no way to guarantee these people won't get divorced. I'd be more than happy to fight for the rights of all people to issue wills to whomever they wish. That's also not what this is about. No one gets any kind of tax break by getting married so I don't really know what other benefits they could be expecting to get from this. That's also not what this is about.

Liars are making this something it isn't.

quote:

you know a majority of americans disagree with you and the ban of same-sex marriage right?


How is this relevant? Is this a peer preasure type statement?
This post was edited on 6/25/14 at 1:57 pm
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 6/25/14 at 1:57 pm to
quote:

Government should have nothing to do with marriage for this reason. We are obviously headed for a head on collision between religious freedom and civil rights due to government interference with a predominantly religious institution.

The problem with this is that everyone who has been able to enjoy this "largely religious institution" to date has also been able to enjoy benefits and support from the government for it. No one had a problem with this compromise of separation of state and religion until lifestyles not endorsed by your religion want to share in the benefits too?

Just saying "yeah, well I'd like to get the government out of marriage" now is too little, too late, although I agree that doing so would probably be for the best.
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