Riverwind (imported) wrote: Sat Dec 21, 2013 7:57 pm SALT LAKE CITY (Reuters) - A federal judge struck down Utah's ban on same-sex marriage as unconstitutional

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I came back here because lots of stuff has happened in UTAH and I have found out an interesting reason for some of it

Now listen to the strange facts--

Usually, when a lawyer goes for a temporary restraining order to lap peal a court decision to a higher state court or a federal court, the attorneys on the appealing side ROUTINELY request a Restraining Order.

What happened in UTAH was that the Attorney General forgot to ask for the Restraining Order.

It turns out that he was the temporary appointee after the first attorney general resigned under corruption charges.

This temporary attorney general forgot to ask because he was already under other (completely different) corruption or malfeasance charges. That's either legal stupidity or incompetence… What the fuck did he learn in law school? Of course, he was fired for his incompetence. Utah is looking for a their third attorney general and in case that search fails (who the hell wants the job now?) the state wants a firm they could pay to handle this appeal properly. After all, every side in a legal dispute is entitled to counsel (incompetent or not).

The Utah Governor has a "not so good" record with attorneys general. This is one of the more astounding examples of legal stupidity and political incompetence I've seen. And it's funny as in laugh out loud funny.

HOWEVER, I do understand the Governor's current order to stop implementing same-sex marriages until the case is settled before the US Supreme Court. The first appeal should have asked for the Restraining Order and not let somewhat over 1000 marriages take place and now be left in legal limbo. Regardless of what side you agree with in this legal matter, leaving those people in the lurch like this is wrong. Just giving up the appeal because your lawyer was a boob is also politically impossible.

I've always wondered what sort of law the bottom of the legal class learned...

Should the Supreme Court take this case, which I think is doubtful, I don't believe that they would decide to UNMARRY a thousand couples in Utah. It may take a while, but marriage is changing, even in the most conservative states.

I suppose for the time being that any married Utah couple that doesn't want to move to far away from home but also wants to retain their marriage status could move to Farmington, New Mexico, or else if they'd settle for a civil union they could go to Grand Junction, Colorado or else Nevada or maybe Oregon. I don't see this issue being resolved until 2015 or 2016 by the supreme court.

Another US District Judge has found the bans on same-sex marriage unconstitutional:

http://www.huffingtonpost.com/2014/01/1 ... 98228.html

TULSA, Okla. (AP) -- A federal judge on Tuesday struck down Oklahoma's gay marriage ban, ruling that it violates the U.S. Constitution.

U.S. District Judge Terrence Kern handed down the ruling in a lawsuit filed by two same-sex couples. Kern immediately stayed his ruling pending appeals, meaning gay marriages won't happen in Oklahoma right away.

The gay couples had sued for the right to marry and to have a marriage from another jurisdiction recognized in Oklahoma.

Kern ruled on a constitutional amendment approved by Oklahoma voters in 2004 that says marriage in the state shall consist only of the union of one man and one woman. He said the measure violates the U.S. Constitution's equal protection clause by precluding same-sex couples from receiving an Oklahoma marriage license.

Oklahoma Attorney General Scott Pruitt's office did not immediately have a comment on the ruling.

The Oklahoma ruling comes about a month after a federal judge in Utah overturned that state's ban on same-sex marriage and hundreds of couples got married. The U.S. Supreme Court later intervened and put a halt to the weddings there until the courts sort out the matter.

The Oklahoma judge cited that case in staying his ruling.

At the rate of right wing states falling to Gay Marriage I don't think it will be long now at all, as they all want the Supreme Court to decide and when that court finally get down to it, they will make it legal nation wide and be done with it.

Look for this to happen next year.

River

Actually I think this US supreme court will delay its ruling for as long as it possibly can for this reason which may be for years to come. It is painted in a corner and would really have to stretch and jump as hard as it possibly can in order to be able to rule against the right of same sex marriages, especially when it comes down to the issue of states rights. And they are hoping for the mood of the nation to shift back to the 1950s again in which time they could make such a ruling against same sex marriages. So I don't expect a ruling in several years.

As they say time will tell but each state that says its now OK and its challenged in the courts, the closer it gets to the Supreme Court, one thing is true with the court, they will error on the side of the public opinion and that is moving in the direction of making it legal everywhere, the other reason I say it will be sooner then later is that federal laws already recognize same sex marriage when states denied that the court will side with the majority of the people and the federal law which they have already ruled if favor of. It wont happen this year, their calendar is full but look for it to happen next year, like the summer of 2015.

And its about damn time.

River