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Utah’s Ban On Same-Sex Marriage Struck Down As Unconstitutional

Welcome-to-UtahU.S. District Judge Robert J. Shelby has ruled that it is unconstitutional to deny a marriage license to gay and lesbian couples. In the 53-page ruling, Shelby said today that Utah’s law passed by voters in 2004 is in violation of gay and lesbian couples’ rights to due process and equal protection under the 14th Amendment.

The lawsuit was brought by three gay and lesbian couples — Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge — who wished to be either married in Utah or were legally married elsewhere and wanted their home state to recognize their marriage.

The states’ attorneys argued that the law promoted the state’s interest in “responsible procreation” and the “optimal mode of child-rearing.”

By:           EDITORS
On:           Dec 20, 2013
Tagged: , ,

  • 14 Comments
    • Matt1961
      Matt1961

      ‘responsible procreation’ ? Really Mormons? I mean let’s face it, if you’re an LDS couple you’re expected to pump out 6 kids minimum. That’s why they’re one of the fastest growing religions. I mean it’s better to pump out so many kids the mother’s uterus falls out, but hey who am I to argue with the Morms.

      Dec 20, 2013 at 4:59 pm · @ReplyReply to this comment ·
    • xzall
      xzall

      Wow. A young man on Twitter waiting to sign papers to get married. He may be the first in the state? https://twitter.com/jsethanderson/status/414150898076495873/photo/1

      Dec 20, 2013 at 5:00 pm · @ReplyReply to this comment ·
    • xzall
      xzall

      The continuing saga of that young man in Utah trying to get married. Now writing: “Wany just got pulled away by the DA…. They are trying to stop this from happening.” https://twitter.com/jsethanderson/status/414154210771353600

      Dec 20, 2013 at 5:07 pm · @ReplyReply to this comment ·
    • xzall
      xzall

      And here they are married in Utah. https://twitter.com/jsethanderson/status/414156285559336960

      Dec 20, 2013 at 5:15 pm · @ReplyReply to this comment ·
    • Charlie in Charge
      Charlie in Charge

      Woot! It’s been a rally good year to be gay. Take THAT, 2008!

      Dec 20, 2013 at 5:36 pm · @ReplyReply to this comment ·
    • dregstudios
      dregstudios

      We need an across-the-board decision by the Federal Government. Here in TN, they’ve gone as far as to create a new holiday- “Traditional Marriage Day” in which the wording of the bill quotes The Holy Bible. Why does the State feel it has the right to continually define marriage? Exactly what is “Traditional” Marriage in Tennessee seeing as even Interracial Marriage is STILL outlawed by the State Constitution along with Same Sex Marriage? http://dregstudiosart.blogspot.com/2013/08/on-wrong-side-of-hypocrisy-traditional.html

      Dec 20, 2013 at 6:48 pm · @ReplyReply to this comment ·
    • hyhybt
      hyhybt

      @dregstudios: the way things are going, we may not need a nationwide ruling. It seems like, ever since the Supreme Court’s rulings this past summer, every court rules favorably and every loser sees there’s no point in an appeal. It may be overoptimistic to think that will really continue, but the longer it does, the surer the final result.

      Dec 20, 2013 at 7:24 pm · @ReplyReply to this comment ·
    • bry5n
      bry5n

      @xzall: thanks for sharing that twitter link! what an awesome story to follow.

      Dec 20, 2013 at 9:04 pm · @ReplyReply to this comment ·
    • Dakotahgeo
      Dakotahgeo

      @dregstudios: I’m afraid States like TN, et al, are going to learn their lessons the very hard way like the recalcitrant States learned in denying military benefits to GLBT partners. The US government is through fooling around with the knuckle draggers. Hop to, or be re-educated… the HARD way!

      Dec 20, 2013 at 11:05 pm · @ReplyReply to this comment ·
    • Cam
      Cam

      This REALLY puts the Mormons in a difficult position. See, they never want to admit that they are bigots. What they want to be able to do is say “We follow the law, the law says gays can’t marry, so that is why we don’t support it.”

      If marriage is legalized, then the Mormon Church has to either allow gay couples to become members which they won’t, or they have to openly admit that they are bigoted and hate gays.

      It took a few decades after the civil rights legislation for them to have a fake “Revelation” and change church doctrine about blacks, which happened after a few years of horrible PR including schools threatening to boycott games against BYU. I wonder how long it will take for a phony “Revelation” to change their stance on gays if this ruling holds. lol

      Dec 21, 2013 at 6:35 am · @ReplyReply to this comment ·
    • Steve Rider
      Steve Rider

      It has been a very good year for people with non-majority sexual orientations. Therefore it has been a very bad year for the Jesus industry. I like both of these facts.

      Poor little Baby Jesus :( If he goes anywhere near Utah I bet he will get diaper rash.

      Dec 21, 2013 at 11:56 am · @ReplyReply to this comment ·
    • Rosanne J. Gunter
      Rosanne J. Gunter

      as Gladys responded I am taken by surprise that a person can earn $5949 in 1 month on the computer. you could check here… http://bit.do/fEKa

      Dec 21, 2013 at 3:52 pm · @ReplyReply to this comment ·
    • Spike
      Spike

      @Cam: Not to mention this being the best payback EVER for the millions of dollars donated by members of the mormon church, raised nationally, in support of Calif’s Prop H8. Right, let the States decided but don’t mind us while we involve all of the members of our church in supporting this bigoted attempt to take away Civil Rights.

      Dec 21, 2013 at 8:04 pm · @ReplyReply to this comment ·
    • Kangol
      Kangol

      Good riddance, foul anti-same-sex marriage law in Utah!

      What’s next, Mississippi? Alabama? Idaho? South Carolina?

      Dec 23, 2013 at 12:30 pm · @ReplyReply to this comment ·

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