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Old June 25th, 2014, 10:02 AM   #1
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10th Circuit Upholds Homosexual Marriage

2-1 split decision, stayed pending appeal.

10th Circuit Upholds Homosexual Marriage

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A federal appeals court ruled Wednesday that states outlawing same-sex marriage are in violation of the U.S. Constitution.

By upholding a Utah judge’s decision, the a three-member panel of the 10th Circuit Court of Appeals in Denver became the first appeals court to rule on the issue, setting a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process.

But the court stayed the implementation of its decision, pending an anticipated appeal to the U.S. Supreme Court.

Meanwhile, the state can ask the 10th Circuit Court to re-hear the matter before the full court, according to legal experts.

...........................

The Utah attorney general’s office released this statement Wednesday: "Although the Court’s 2-1 split decision does not favor the State, we are pleased that the ruling has been issued and takes us one step closer to reaching certainty and finality for all Utahns on such an important issue with a decision from the highest court.

"For that to happen, the Utah Attorney General’s Office intends to file a Petition for Writ of Certiorari to the United States Supreme Court. The Tenth Circuit Court’s issuance of a stay will avoid further uncertainty until the case is finally resolved. Whether the Utah Attorney General’s Office seeks en banc [full court] review of the Tenth Circuit’s ruling has yet to be determined."





Last edited by excalibur; June 25th, 2014 at 10:16 AM.
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Old June 25th, 2014, 10:20 AM   #2
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This was one of the more comical rulings regarding same sex marriage. The two judges in the majority applied strict scrutiny to the ruling, which will be laughed at by the liberal justices on the Supreme Court unless they want to condradict their other rulings.
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Old June 25th, 2014, 12:16 PM   #3
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Seems to fly in the face of previous 10th Circuit rulings.

Quote:
If there was one dominant issue, though, it appeared to be the rigor of the test the appeals courts will use to judge the constitutionality of same-sex marriage bans — if they do reach that issue on the merits. One judge bluntly told the attorneys Wednesday that if the test is any stronger than “rational basis” — the easiest test to meet — then Utah’s marriage ban would be struck down, but that the ban would survive that easier standard.

If the Tenth Circuit is to move to a higher standard, it would have to cast aside or draw a distinction from a ruling that it had issued in 2008, in the case of Price-Cornelison v. Brooks. There, the Tenth Circuit firmly declared that claims of discrimination based on sexual orientation are to be judged only on a “rational basis” test. The Price-Cornelison precedent was explored at some length Wednesday.
http://www.scotusblog.com/2014/04/ut...ues-on-appeal/


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Old June 25th, 2014, 12:21 PM   #4
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Originally Posted by excalibur View Post
Seems to fly in the face of previous 10th Circuit rulings.



Utah and same-sex marriage: Issues on appeal : SCOTUSblog


Also strict scrutiny doesn't apply to equal protection. And keep in mind that strict scrutiny was created by FDR's hand picked court to jam the New Deal through; it isn't a legitimate basis.
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Old June 25th, 2014, 12:31 PM   #5
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Also strict scrutiny doesn't apply to equal protection. And keep in mind that strict scrutiny was created by FDR's hand picked court to jam the New Deal through; it isn't a legitimate basis.

Originated as a footnote, then found its way into a notorious decision.

Quote:
The notion of "levels of judicial scrutiny", including strict scrutiny, was introduced in Footnote 4 of the U.S. Supreme Court decision in United States v. Carolene Products Co. ( 1938 ), one of a series of decisions testing the constitutionality of New Deal legislation. The first and most notable case in which the Supreme Court applied the strict scrutiny standard and found the government's actions valid was Korematsu v. United States (1944), in which the Court upheld the exclusion of Japanese Americans from designated areas during World War II.
Strict scrutiny - Wikipedia, the free encyclopedia


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Old June 25th, 2014, 02:20 PM   #6
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Here is why they won't stop with this nonsense:

http://www.lsu.edu/faculty/lray2/teaching/4068/cpb.htm

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The Communist Party of Britain



We, the Communist Party of Britain, believe we have come to an important point in Britain’s history. With the upcoming election, we believe we can have a great deal of positive impact on the general good of the average working person in Britain. Basic needs and plans for the future of our country should be a consideration of your government and it is a basic tenant that the Communist Party of Britain believes in. We believe in the value and abilities of the working man and woman, the people who have made Britain the great country that it is today, and we thank you for your invaluable efforts to help your country. It is on Election Day that we ask you to support the party whose entire efforts are to give back to those who have lifted this country to greatness and who have borne the weight of this country long enough. Together we can see the fruits of your labor returned to you, where they belong.



Gay Marriage

The restriction of homosexual rights is yet another issue that the Communist Party wishes to rectify. As of December 5th homosexuals wishing to make their relationships official now can register these relationships. These will be recognized not as marriages, but as “civil partnerships”. In civil partnerships, gay partners can claim each other as next-of-kin, receive each others’ pension, and avoid inheritance taxes on goods passed. This is a progressive step; however it is not enough in the movement towards equality in our society. Committed homosexual couples should be allowed to have every opportunity that heterosexual couples enjoy, which include adoption, in vitro fertilization, and monetary rights.

Homosexuals should be given the right to marry, as heterosexual couples are allowed to marry. Marriages should be a legal relationship regulated by the government; the Anglican Church should have no say in such governmental policies. As religion, which has no place in our government, has become less of an important issue to the people of the United Kingdom, their acceptance of the issue has increased. The populace of the United Kingdom appears to be moving away from the traditional Anglican view of denying homosexuals their rights.

The Communist Party will give equality to all people of the United Kingdom; we will establish a system that does not exclude any minority groups. In regard to this issue, the Communist Party will legalize homosexual marriage in order to foster the national equality at the heart of our party. Equality is necessary for the development of a state, and homosexuals should not be excluded from this development of our society.
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Old June 25th, 2014, 05:07 PM   #7
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Link to decision Kitchen v. Herbert (pdf file at the link)

Opinion of the Court in No. 13-4178, Kitchen, et al. v. Herbert, et al. | The Tenth Circuit Court of Appeals


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Old June 26th, 2014, 01:27 AM   #8
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Originally Posted by NowhereMan View Post
Here is why they won't stop with this nonsense:

Gay Marriage

The restriction of homosexual rights is yet another issue that the Communist Party wishes to rectify. As of December 5th homosexuals wishing to make their relationships official now can register these relationships. These will be recognized not as marriages, but as “civil partnerships”. In civil partnerships, gay partners can claim each other as next-of-kin, receive each others’ pension, and avoid inheritance taxes on goods passed. This is a progressive step; however it is not enough in the movement towards equality in our society. Committed homosexual couples should be allowed to have every opportunity that heterosexual couples enjoy, which include adoption, in vitro fertilization, and monetary rights.

Homosexuals should be given the right to marry, as heterosexual couples are allowed to marry. Marriages should be a legal relationship regulated by the government; the Anglican Church should have no say in such governmental policies. As religion, which has no place in our government, has become less of an important issue to the people of the United Kingdom, their acceptance of the issue has increased. The populace of the United Kingdom appears to be moving away from the traditional Anglican view of denying homosexuals their rights.

The Communist Party will give equality to all people of the United Kingdom; we will establish a system that does not exclude any minority groups. In regard to this issue, the Communist Party will legalize homosexual marriage in order to foster the national equality at the heart of our party. Equality is necessary for the development of a state, and homosexuals should not be excluded from this development of our society.
If that is true, why is homosexuality outlawed and homosexual acts illegal in every (well, maybe just "almost every") communist country?
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Old June 26th, 2014, 06:49 AM   #9
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Originally Posted by tristanrobin View Post
If that is true, why is homosexuality outlawed and homosexual acts illegal in every (well, maybe just "almost every") communist country?
Funny, what I posted was from the Communist Party of England so you should ask them this question.
Did I not clearly post a link and a header that shows this?
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Old June 26th, 2014, 08:10 AM   #10
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Originally Posted by NowhereMan View Post
Funny, what I posted was from the Communist Party of England so you should ask them this question.
Did I not clearly post a link and a header that shows this?
So you can't think for yourself? You just repost stuff from others and don't even question it?
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