Discussion: Utah Gay Marriage Ban Struck Down By Appeals Court

Now the $64 question: Will the Supreme Court even accept this case when it gets to the SCOTUS?

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The circuit ruling directly affects the District courts they cover (quick google for this court it covers: Colorado; Kansas; New Mexico; Eastern, Northern, and Western Districts of Oklahoma; Utah; Wyoming). Other Circuits can cite this decision in deciding their cases. So, if the Indiana decision is appealed, that circuit can reference this decision as part of their finding. If they disagree with this finding, it would eventually fall to the Supremes to say who is correct, but that seems unlikely since it has been clear in all the cases that have reached a decision that the DOMA ruling clearly applies here.

Based on that list, IIRC, there is something going on in OK, and if it is in a Federal (not State) court there, it would be covered by this decision.

It IZ a SAD sAd day fEr MURKA, BABY JEEBUS his holy SELF will JUDGE us fer DESTROYifyin TRADITIONAL FAMILY VALUES!!!11111!!!

ANd IFFen Josh gonna have him PITCHURES of HomO SExuals, can’t he have some of em LIBYANS or LEBANESE or whatgEver U calls em GIRLS whUt PretenDs ta kiss OTHER GIRLS on the IntErNets???./////???/

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If Utah asks the 10th circuit for an en banc hearing, all nine judges will weigh in—but the result is unlikely to be different.

If Utah appeals directly to the Supreme Court, this could end up on the docket next October—if the justices grant certiorari to the case, which is far from certain.
They usually don’t wade into this kind of contentious case unless there are competing decisions at the appellate level.

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A writ of certiorari may be submitted to the SCOTUS, and if denied the lower courts’ unanimous rulings in favor of gay marriage would stand. While that doesn’t guarantee that the lower courts’ rulings become the law of the land, the legal challenges would come fast a furiously and almost certainly all barriers to gay marriage would fall. But the Righties have demonstrated their hate is limitless and would certainly try every maneuver to delay the inevitable.
Better if the SCOTUS strikes down, once and for all, the barriers to gay marriage and upholds equality for gay families.

AND ANOTHER ONE BITES THE DUST…ANOTHER ONE GONE, AND ANOTHER ONE GONE!
________ A federal judge on Wednesday struck down Indiana’s ban on same-sex marriages, according to the Indiana Star. U.S. District Judge Richard Young said the ban violated the Constitution’s equal protection clause.

Good stuff.

Libyans? I feel like I’ve been Lebanesed!

According to my brother, the Fox News junky, this decision means I am going to have to divorce my wife and marry her brother.

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I believe TheChurch requires exactly one hetero in the gaggle.

TeaXian heads exploding…

Be sure to wear protective gear around them

we know where their heads have been.

I think Oklahoma is pending before the 10th Cir.

Well played sir, well played.

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Most of these rulings seem to come with stays built-in while the case is appealed. If there’s no circuit split and SCOTUS denies cert, when do the stays end? At denial of cert?

I just re-read this and I didn’t see it being stayed, the state is probably still deciding if they want to try for cert. If they do it is customary to stay in deference to a SCOTUS response. If cert is denied, that’s the end of the road, stay lapses and the circuit ruling is effectively upheld by SCOTUS.

this is a day to stock up on exploded haid cleaning solution.

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fire up the DeLorean!!

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ACTiViSt JUDgESSSSSSS!!!1!!!

oh…

nevermind.

If someone comes up to you and says “next, people will be allowed to marry more than one person, or marry their pet!!!”

Respond thusly:

“Hey, all that WE wanted was our Constitutionally sanctioned right to marry a person that we choose.  If YOU want to go for polygamy and the right to marry your dog, go for it.”

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It’s a downside for precedent to be set??