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.”

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  • 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.

  • Charlie in Charge

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

  • 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

  • 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.

  • bry5n

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

  • 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!

  • 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

  • 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.

  • 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

  • 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.

  • Kangol

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

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

Comments are closed.