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Judge strikes down Utah's same-sex marriage ban as unconstitutional
Fox News ^ | Dec 20, 2013 | AP

Posted on 12/20/2013 4:51:55 PM PST by Innovative

Just hours earlier, U.S. District Judge Robert J. Shelby issued a 53-page ruling saying Utah's law passed by voters in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment.

Shelby said the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.

"In the absence of such evidence, the State's unsupported fears and speculations are insufficient to justify the State's refusal to dignify the family relationships of its gay and lesbian citizens," Shelby wrote.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Utah
KEYWORDS: bs; homosexualagenda; judge; judgeshelby; lds; mormon; mormonism; obama; samesexmarriage; shelby
Judge Robert James Shelby

On November 30, 2011, President Obama nominated Robert J. Shelby to be District Judge for the United States District Court for the District of Utah.[4] He received a hearing before the Senate Judiciary Committee on March 28, 2012 and his nomination was reported to the floor on April 26, 2012, by voice vote.[5]

1 posted on 12/20/2013 4:51:55 PM PST by Innovative
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To: Innovative

So when will he come out of the CLOSET?


2 posted on 12/20/2013 4:54:44 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: Innovative
dignify the family relationships of its gay and lesbian citizens

Having a fake "marriage" does not convey dignity or create a family.

3 posted on 12/20/2013 4:57:40 PM PST by grobdriver
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To: Innovative
We need to start removing activist judges

Avatar no longer posted to protest one of A&E's parent companies

4 posted on 12/20/2013 4:59:35 PM PST by darkwing104 (Do not take my word for it, these are my opinions...Do your own Homework)
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To: Innovative
I'm very worried about Wisconsin.

Our state has a homo-marriage ban and it was upheld by our state Supremes.

5 posted on 12/20/2013 5:01:15 PM PST by Extremely Extreme Extremist (Governor Sarah Heath Palin for President of the United States in 2016)
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To: Innovative

This judge is the fruit from a poison tree.


6 posted on 12/20/2013 5:04:15 PM PST by 3Fingas (Sons and Daughters for Freedom and Rededicaton to the Principles of the U.S. Constitution...)
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To: SandRat

only.... his mission-mate will know for sure...


7 posted on 12/20/2013 5:09:50 PM PST by ptsal (Repubicans swallowing more kool-aide from Rove & Kristol)
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To: Innovative
Judge strikes down Utah's same-sex marriage ban as unconstitutional

So...what other kind of "marriage bans" do they have in Utah?

8 posted on 12/20/2013 5:10:22 PM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: Extremely Extreme Extremist
I'm very worried about Wisconsin.

You should be. Once the Utah case makes it to the Supreme Court, they're going to uphold it and overturn your ban.
9 posted on 12/20/2013 5:12:29 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: Innovative

Note how they cite the Constituion while they trash it....and violate foundational states rights. Yippee! Ride that swirl to the left folks....right down the pipes we go!


10 posted on 12/20/2013 5:15:27 PM PST by Mobilemitter (We must learn to fin >-)> for ourselves.........)
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To: ROCKLOBSTER

none...

polygamy is protected under the state religion...

and Willard is the father of same-sex marriage..


11 posted on 12/20/2013 5:15:58 PM PST by Tennessee Nana
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To: darkwing104

“We need to start removing activist judges”

What we need are “state” elected officials like a conservative governor to start defying black robed despots calling themselves judges. The governor should arrest the judge and have him dropped off at the border of the state. If the judge comes back....put him in prison.

However, this must be done by elected officials with the backing of the people of a state. We cannot have individuals acting unilaterally.

I am an advocate of the union and a strong federal government....but it has to have limits placed upon it - especially the judicial. The 14th Amendment was NEVER intended to be used in this manner. Judges that rule as this one has must be removed by duly “elected” state officials. It is time to stop allowing unelected persons to “rule” over the people from the bench. They have no mandate.....they have no consent of the governed.


12 posted on 12/20/2013 5:19:16 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Innovative

They have equal protection, they can marry anyone of the opposite sex just like everyone else can.

The idea that sexual deviants do not have equal protection because they can’t marry someone of their same sex is a joke.

If anyone has a complaint about unequal justice, its now the elderly widow who can not “marry” (in name only for tax and health benefits) their sibling or adult child.

Why is the love of a man for another man’s anus respected in law and tax policy but a (non sexual)love between a mother and adult single child (or other relative) gets them no benefits and does not allow shared health insurance?


13 posted on 12/20/2013 5:30:36 PM PST by icwhatudo (Low taxes and less spending in Sodom and Gomorrah is not my idea of a conservative victory)
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To: Tennessee Nana
none

You mean you can marry your; SISTER/TRACTOR/GOAT!!!

14 posted on 12/20/2013 5:33:27 PM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: Innovative

Yet another judge misapplies the logic of race to an issue of sexuality. It’s intellectually dishonest to the hilt yet the left gets away with it time and time again right in front of our faces.


15 posted on 12/20/2013 5:37:07 PM PST by Yardstick
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To: Innovative
Equal protection? You mean there are cases...in addition to the obvious ones (blood relationship,already married,etc)... where “XY” + “XX” isn't allowed?
16 posted on 12/20/2013 5:41:49 PM PST by Gay State Conservative (Osama Obama Care: A Religion That Will Have You On Your Knees!)
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To: Innovative

Why have elections anymore? Why bother? Judges are our rulers now.


17 posted on 12/20/2013 6:03:18 PM PST by DesScorp
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To: Innovative
Imagine that....all this time we've been spending voting has been a waste of time, we have people who have better ideas than all the voters.

We just need to kneel to the political royals and stop wasting out time.

18 posted on 12/20/2013 6:04:48 PM PST by blam
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To: Tennessee Nana
polygamy is protected under the state religion...

Reynolds vs US might beg to differ with you on that.

19 posted on 12/20/2013 6:06:30 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: Innovative

I bet this judge couldn’t find the Tenth Amendment if it were stuck to the end of his nose.


20 posted on 12/20/2013 6:06:47 PM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: highball

Thanks to social media, constant gay-gay tv, anti-school bullying programs, and diversity training, people are brainwashed to bend over to the homo-agenda.

Gotta hand to the homos. They are willing to work 24-7, 365 days, to achieve their agenda. While, dream of another Reagan to win 49 states.


21 posted on 12/20/2013 6:16:14 PM PST by yongin
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To: icwhatudo

I have always wondered why “gays” were so interested in being able to have these pretend marriages. It surely can’t be because they observe how well marriage works for normal people!

They say that they want the supposed monetary advantages. Actually, married couples pay more in income taxes than if they were single: this is the so-called “marriage penalty.”

Then there is social security, The problem is that social security, formerly designed as a retirement insurance plan, has been changed into a partial welfare scheme. The gays want to suck out benefits from Social Security, more than they would get as individuals.

But mainly, they want approval. They (and we) should ask why? Why do they demand our approval? I can’t demand approval from society for things I want to do. What is so special about gays’ (fake) marriage that it so desperately craves approval?

Think about it.


22 posted on 12/20/2013 6:36:12 PM PST by docbnj
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To: Innovative

It is going to be very hard for any judge not to strike down these laws with the precedents the Supreme Court established in June. It was only by the thinnest pretense that those decisions didn’t nationalize gay marriage, and they left lower court judges few options — which we saw in New Jersey and now in Utah. My guess is the Supremes wanted to give a few more liberal states the chance to adopt gay marriage by legislative action or ballot question so as to make the judicial effort appear less of a revolution and more of a suppression of some holdouts.


23 posted on 12/20/2013 6:43:48 PM PST by only1percent
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To: only1percent

The people need to take these decisions out of the hands of imperial courts


24 posted on 12/20/2013 6:44:43 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: Innovative

Ignore the judge.

let’s see him enforce his ruling.


25 posted on 12/20/2013 7:22:29 PM PST by chris37 (Heartless.)
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To: Innovative

Polygamy is next and Utah may lead the pack since that was a barrier to their statehood.


26 posted on 12/20/2013 7:24:18 PM PST by reaganaut (Ex-Mormon, now Christian. I once was lost but now am found, was blind but now I see.)
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To: yongin

Thank you. I’ve been saying it for years - they’re willing to do what it takes to win the argument, by whatever means work in each case. They fight tooth and claw in legislatures, courts and on the campaign trail to get what they want.

We, on the other hand, sit in our little closed loop, pretend that the entire country is somehow secretly on our side and invent “un-skewed” polls to make us feel better about losing.

No wonder we’re in the situation we’re in now.


27 posted on 12/20/2013 8:46:22 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: Innovative

Once more the will of the people is thwarted by the whim of a partisan judge


28 posted on 12/20/2013 11:52:00 PM PST by clearcarbon
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To: highball

if gay marriage becomes legal in all 5o states, the next fight would be the battle for religious liberty. we will be made to care. forced labor of wedding cakes is just the beginning.


29 posted on 12/21/2013 5:46:55 AM PST by yongin
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To: DesScorp

I disagree— this Judge has violated the Constitution.Marriage is defined by the States. DOMA has NOT been overturned. The Judges in every State are still bound by solemn Oath to support the Constitution and Laws. when any judge makes an opinion contrary to the Constitution that opinion is VOID and no-one bound to obey it.Marriage is the legal union of one man and one woman in the Holy estate of matrimony. “Marriage” was defined in the Law of Moses in the Book of Genesis chapter 1 verse 27 and chapter 2 verse 24 Hundreds of years later that Rabbi from Nazareth was approached by the Pharisees as He taught at the Temple and asked about divorce. As a man cannot be divorced unless there is a marriage.Jesus of Nazareth reminded these Torah Lawyers what was written and specifically cited what we know as Genesis 1:27,and 2:24 as the Law governing such. (Mark 10:2-12;and Matthew 19:3-12) After Jesus was tried by the High Priest and sent before Pilot and hung on that Roman Cross with common criminals,buried in a borrowed tomb-raised by God the third day. After a Jew, trained a Pharisee converted to follow Jesus Christ as he was on the road to persecute the Christians Taught by Peter and the other apostles— to become the Apostle Paul Paul in his letters
affirmed Christ— and Moses—and upheld the Law of Moses concerning “marriage.” Under American Law a man named James Wilson eyewitness to many of our fundamental laws,likewise defined “marriage” as a reflection of the Biblical model.— Lectures on American Law. College of Philadelphia. The US supreme Court in early decisions.most clearly in Murphy v.Ramsey and others,1885 spoke of “marriage” as consisting of and springing from that union for life of a man and a woman in the Holy estate of Matrimony.” In 2005 the American College of Pediatricians sent Congress a letter in Defense of Marriage.Saying recognizing other relationships as ‘marriage” will ultimately harm children.” The best of modern science documents this as true. If a godless Judge does NOT honor the Bible—or the Sacred Writings.Then he cannot honor American Law. And is divorced from the foundation- Rule of Law That No law is valid if contrary to the Laws dictated by God,Himself. The Laws of Nature ,Dictated by God,Himself—and the Divine/Revealed law reflected in the Holy Writ:/Scriptures. As I have attempted show The Scriptures are consistent. Marriage is between a man and a woman. —and under American Law when we were One Nation under God—a nation of Law—our human law reflected the Laws directed by God. Those who obey this Judge and agree that Utah has acted contrary to the Constitution have been heaping to themselves teachers with itching ears—have been turned from the Truth to serve the Lie/It is the Judge that has acted contrary to the Constitution— No-one is bound to obey him.


30 posted on 12/21/2013 6:01:05 AM PST by StonyBurk (ring)
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To: yongin

Oh, we’re already there. I fear we’ve already lost the marriage fight; public opinion nationwide is already past 50% support and climbing. There will be some states who hold out until the courts force them to adopt it, but the die is cast.

We need to work on carving out as many protections and exemptions as we can while we still can. But even that will require us to take an honest, objective look at our failures, something I’m not sure we’re capable of at this time.


31 posted on 12/21/2013 8:37:17 AM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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