Same Sex Marriage in UT stayed by Supreme Court

[_Maksutov]

Supreme Court puts gay marriages in Utah on hold

http://www.latimes.com/nation/nationnow ... z2pdX9LzEt

[_Rollo Tomasi]

Supreme Court puts gay marriages in Utah on hold

http://www.latimes.com/nation/nationnow ... z2pdX9LzEt

I'm just happy that those gay couples who wished to marry in Utah had the time to do so. Those 1,000 or so same-sex marriages already performed are valid (at least for now), correct? The Supreme Court's stay just means that NEW marriages can't be performed, right?

[_Sethbag]

Yay, that one reetard in Utah doesn't have to starve to death now, and he gets to bear testimonkey of the power of fasting and prayer as a course of action for the rest of his life. Go team Jesus!

[_Shulem]

Very sad, to say the least. But it ain't over yet.

Things won't go good for Utah. I predict it will hurt the state because it will become even more known for it's anti-gay attacks and tourism will decrease. Americans can look towards Utah and point the finger of scorn at the Mormon church.



Paul O

[_palerobber]

Those 1,000 or so same-sex marriages already performed are valid (at least for now), correct? The Supreme Court's stay just means that NEW marriages can't be performed, right?

correct, those marriages are still valid.

[_Equality]

Supreme Court puts gay marriages in Utah on hold

http://www.latimes.com/nation/nationnow ... z2pdX9LzEt

I'm just happy that those gay couples who wished to marry in Utah had the time to do so. Those 1,000 or so same-sex marriages already performed are valid (at least for now), correct? The Supreme Court's stay just means that NEW marriages can't be performed, right?

I started writing a response to this question, but as I was drafting it I realized the question is more complicated than it might first appear. Remember that only section 3, and not section 2, of DOMA was overturned in Windsor. I think the heart of the legal issue is whether Utah recognizes those 1000 or so marriages. It did when it issued the licenses, but now that the stay is in effect, Amendment 3 expressly denies recognition to any same-sex marriage, even those that were performed in states that do recognize same-sex marriages. So the question is this: are those 1000 or so same-sex couples married in Utah in the last couple weeks in "marriages made lawful by the State"? If yes, the feds have to recognize the marriage. If no, then the feds don't.

Of course, section 2 of DOMA doesn't necessarily apply to these 1000 marriages, either. Section 2 of DOMA is the exception to the full-faith-and-credit clause of the Constitution, and says that states do not have to recognize same-sex marriages legally performed in other states. But there is nothing in DOMA that addresses recognition of a marriage legally performed within a state's own borders but which the state's constitution expressly does not recognize. So I don't know if Utah can cite to section 2 of DOMA to deny recognition to these marriages that were performed in Utah (as opposed to, say, marriages performed in New York or California, which are definitely covered under DOMA section 2).

[_Rollo Tomasi]

I think the heart of the legal issue is whether Utah recognizes those 1000 or so marriages. It did when it issued the licenses, but now that the stay is in effect, Amendment 3 expressly denies recognition to any same-sex marriage, even those that were performed in states that do recognize same-sex marriages. So the question is this: are those 1000 or so same-sex couples married in Utah in the last couple weeks in "marriages made lawful by the State"? If yes, the feds have to recognize the marriage. If no, then the feds don't.

But Judge Shelby's decision invalidated the Utah Constitution's limited definition of "marriage" (i.e., only a man and a woman can legally marry), and that decision (or, I guess, the 10th Circuit's refusal to grant a stay) has been stayed. I'm wondering if the 1,000 or so VALID same-sex marriages performed thus far in Utah will remain valid during the stay and until the 10th Circuit makes a decision on the merits. In other words, can legally married Utah same-sex couples receive the state and local benefits afforded married couples in Utah in general? Or are the benefits and protections of the law for married couples in Utah now denied to for same-sex couples?

[_Equality]

Section 30-1-4.1 of the Utah Code provides:
(1) (a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and woman because they are married.

Amendment 3 provides:
(1) Marriage consists only of the legal union between a man and a woman.
(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

I don't see how Utah can recognize the 1000 or so same-sex marriages performed in Utah during the time in which Judge Shelby's order invalidating these provisions was in force. When Supreme Court granted the stay today, these provisions sprang back into effect. Given that, how can Utah recognize the marriages? And if Utah doesn't recognize them, does Windsor require the federal government to recognize them? (the logic and language of Windsor suggest that the answer may be no).

[_Shulem]

Rest assured that if gay marriage fails in Utah, the state and the church will seek to invalidate the gay marriages that were performed. This will prove to be a great mistake for the church. The bad PR will bite them bad. Demonstrations at the Mormon temples will become a permanent affair and will be well organized and spread. Basically, the Mormon temple will be a place for gays to protest against the church for taking away the happiness of American citizens. It won't be pretty for the church as they watch their temples become symbols of scorn and a rallying point for gays fighting for their right to marry.

Eventually, the church will cave in, though.

Paul O

[_Rollo Tomasi]

Yay, that one reetard in Utah doesn't have to starve to death now, and he gets to bear testimonkey of the power of fasting and prayer as a course of action for the rest of his life. Go team Jesus!

You scoff, but how do you know his fasting didn't have an impact? Perhaps he knows something we don't.

If you believe he does, then I have some nice swampland I'll send to you real cheap.