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-US Supreme Court Halts Same-Sex Marriage in Utah

by Dr. D ~ January 7th, 2014

The United States Supreme Court.

              (Photo credit: Wikipedia)

The US Supreme Court put a hold on same-sex marriage in the state of Utah allowing state officials to appeal a December 20 ruling that opened the door for homosexual couples to get married in the conservative state. Here’s the story from the New York Times:

In a move that cast doubt over the marriages of roughly 1,000 same-sex couples in Utah, the United States Supreme Court on Monday blocked further same-sex marriages there while state officials appeal a decision allowing such unions.

The development created what Utah’s attorney general called “legal limbo” for the same-sex couples who had wed in the state in recent weeks. With the state’s ban on such unions reinstated for now, many wondered whether their window to marry in Utah had closed forever. …

Judge Robert J. Shelby’s Dec. 20 ruling striking down Utah’s ban on same-sex marriage may yet be reinstated, and the Supreme Court’s brief order on Monday said only that Judge Shelby’s decision was stayed “pending final disposition of the appeal” to the United States Court of Appeals for the 10th Circuit, in Denver.

<Read the whole article>

Response: Regardless of what you may think about same-sex marriage it is unseemly in a democratic nation that the opinion of one judge should be allowed to overturn millions of voters. At least this way the case can make its way through the federal appeals court system and maybe into a final resolution at the Supreme Court itself.

So now traditional marriage is ‘unconstitutional’ after all these years? It is shocking how activist judges beginning in Massachusetts have been able and allowed to change the very definition of marriage largely in opposition to the majority of Americans and in many cases the actual overwhelming vote of the people. 

One wonders if the writers of the Constitution foresaw the potential for judicial tyranny that is now unfolding before our very own eyes? The Executive and Legislative branches of government were designed to be answerable to the Judicial but really who do the judges that have lifetime federal appointments really answer to? The federal court system was never designed to be so intrusive that it actually became a de facto creator of new laws in opposition to the voters. But that is where we are now in America at the beginning of the 21st century.             *Top

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1 Response to -US Supreme Court Halts Same-Sex Marriage in Utah

  1. Brian

    Typically, a decision that creates new law (and which “changes” something in the process), is stayed pending appeal. In the gay marriage debate, there has been a repeated pattern of plaintiffs seeking to NOT have the decision stayed pending appeal. I believe this is a cynical attempt to poison the well — saying to the appellate court – if you reverse this decision, look at all the people who got married during the appeal, and think of the problems and legal uncertainty you will be creating. Obviously, in Utah, one federal judge refused a stay (probably with full awareness of the implications of refusing to stay his ruling) and now there will be problems.

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