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Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nationís History and Implicit
cnsnews.com ^ | 12/21/13 | Terence P. Jeffrey

Posted on 12/21/2013 3:50:17 PM PST by ColdOne

Judge Robert J. Shelby, whom President Barack Obama appointed to the U.S. District Court in Utah last year, issued an opinion on Friday declaring that a right to same-sex marriage is "deeply rooted in the nation’s history and implicit in the concept of ordered liberty."

Shelby was confirmed to the federal bench by a voice vote of the Senate on Sept. 21, 2012. There was no debate over his nomination, and no senator objected to his confirmation.

He has now issued an opinion that could fundamentally alter American law and culture.

“The State’s second argument is that the Plaintiffs are really seeking a new right, not access to an existing right,” Shelby wrote in an opinion issued on the afternoon of the Friday before Christmas.

“To establish a new fundamental right, the court must determine that the right is ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty,’ such that ‘neither liberty nor justice would exist if [it] were sacrificed,” he said.

This unanimously-confirmed, not-debated-on-the-Senate-floor, Obama-nominated judge then proceeded to do that just that.

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


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: activistjudge; homosexualagenda; judicialactivism
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full title.....Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History and Implicit in The Concept of Ordered Liberty'
1 posted on 12/21/2013 3:50:17 PM PST by ColdOne
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To: ColdOne

Then so is the right to marry my dog if I so choose, judgey.


2 posted on 12/21/2013 3:52:18 PM PST by chris37 (Heartless.)
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To: ColdOne

Obama: “Islam has Always Been a Part of America’s History”

Read more at http://patriotupdate.com/articles/obama-islam-always-part-americas-history/#02u2Z8G3ChxsrA7O.99

They are both liars.


3 posted on 12/21/2013 3:53:35 PM PST by ilovesarah2012
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To: ColdOne

Where is this in US history??


4 posted on 12/21/2013 3:54:48 PM PST by Diogenesis
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To: ColdOne

Didn’t his appointer, Obama, start out early by declaring the US a great Muslim nation?

How can a single justice “find” anything that essentially writes new law?

Our legal system is very screwed up. The courts exist to resolve disputes between entities, and occasionally to find on the validity of law. But, the nature of the system is that any court judgement creates precedent, which is very difficult (time consuming, expensive) to overturn and return to common sense. Lawyers and judges act as if any precedent is like a proved mathematical or physical theorem, although clearly the basis for many of judicial results is highly subjective.


5 posted on 12/21/2013 3:55:03 PM PST by Pearls Before Swine
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To: ColdOne

Yeah, deeply rooted in our history. The founding fathers were so progressive and tolerant.


6 posted on 12/21/2013 3:55:41 PM PST by Right Brother
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To: ColdOne

I guess all of those pesky sodomy laws were for UNMARRIED homosexuals. They didn’t apply to the married homosexuals.

This judge is as stupid as Barak Obama. Now that is saying something.


7 posted on 12/21/2013 3:56:26 PM PST by Bryan24 (When in doubt, move to the right..........)
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To: ColdOne

Moral decay isn’t liberty. Both Jefferson and Washington backed punishment for homosexual acts. I had a bookmark for Washington having 2 soldiers “drummed out” for homosexual acts and one for Jefferson backing physical punishment in Virginia but both have been removed from online.


8 posted on 12/21/2013 3:58:12 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: ColdOne
Gay divorce = about a 25% increase in the business base for the law profession, given time.

This is how Obama stimulates GDP when he can't ruin the automotive, energy, healthcare, or food production sectors any more than he already has done.

9 posted on 12/21/2013 3:59:17 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: ColdOne

Nonsense.


10 posted on 12/21/2013 3:59:30 PM PST by Fungi
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To: ColdOne

Where do these idiots come from?


11 posted on 12/21/2013 3:59:43 PM PST by mulligan
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To: Diogenesis
Where is this in US history??

Right next to the privacy thingamajing regarding abortion.

12 posted on 12/21/2013 3:59:50 PM PST by Extremely Extreme Extremist (Governor Sarah Heath Palin for President of the United States in 2016)
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To: ColdOne
Give one cite from the historical record, judge.
Give one for the concept of 'ordered liberty' too.
13 posted on 12/21/2013 4:00:22 PM PST by TigersEye (Stupid is a Progressive disease.)
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To: chris37

There is no way this can be made absurd enough so the fallacy will become apparent to these one-eyed logic fanatics.

With successive applications of false syllogisms, and introducing extraneous and unsubstantiated “facts” to bolster the argument, almost any conclusion may then be arrived at. Reality does not have to be a component.

These people may have a right to their own opinions, but they do NOT have a right to simply manufacture their own set of facts.


14 posted on 12/21/2013 4:00:53 PM PST by alloysteel (Those who deny natural climate change are forever doomed to stupidity. AGW is a LIE.)
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To: Right Brother

You miss the point. If a liberal says it is so, it is so ... no matter what the facts say.

Here’s something else that’s “deeply rooted” in our history -— tar and feathering *ssholes like this judge.


15 posted on 12/21/2013 4:02:37 PM PST by Walrus (America died on November 6, 2012 --- RIP)
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To: ColdOne

Impeach


16 posted on 12/21/2013 4:03:47 PM PST by Rock Eye Jack
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To: alloysteel

And yet that is exactly what they are doing.


17 posted on 12/21/2013 4:03:48 PM PST by chris37 (Heartless.)
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To: ColdOne

This black robbed bozo is a glory seeker and trying to make a name for himself. This liar is is making it up as he goes along. Gay marriage has nothing to do with anything deeply rooted in US history


18 posted on 12/21/2013 4:05:57 PM PST by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: ColdOne

Harry Reid intends to ram through dozens of loony judges just like this horses ass....Since Reid got rid of the Senate filibuster rule


19 posted on 12/21/2013 4:07:46 PM PST by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: ColdOne
Judge Robert J. Shelby, whom President Barack Obama appointed to the U.S. District Court in Utah last year, issued an opinion on Friday declaring that a right to same-sex marriage is "deeply rooted in the nation’s history and implicit in the concept of ordered liberty."

An implicit assumption that Judge Robert J. Shelby is making, is that men and women are interchangeable. That men and women are interchangeable is the basis of feminism and the basis of same sex marriage.

But men and women are NOT interchangeable. That is easy to prove if you accept and understand biology, natural law, and science. Most people know that men and women are different. The exception includes Democrats, feminists, many lawyers, and other people with disordered minds.

20 posted on 12/21/2013 4:08:22 PM PST by olezip (Time obliterates the fictions of opinion and confirms the decisions of nature. ~ Cicero)
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