Court Strikes Down Utah's Ban on Gay Marriage

The federal government’s assault on traditional values and morality continued recently as the 10th Circuit Court of Appeals in Denver struck down Utah’s ban on gay marriage. The 2-1 ruling struck another blow to the fading hopes of traditional marriage supporters, and likely means an end to the gay marriage bans in Colorado and Oklahoma as well.

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The 10th Circuit Court of Appeals in Denver struck down Utah’s same-sex marriage ban on Wednesday, ruling 2-1 that it violates the U.S. Constitution.

The court immediately stayed its ruling pending appeal back to the 10th Circuit or straight to the U.S. Supreme Court.

gay court“[W]e hold that under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex,” the court wrote, “and that Amendment 3 and similar statutory enactments do not withstand constitutional scrutiny.”

The court has jurisdiction over six states, including Colorado and Oklahoma, both of which have bans on same-sex marriage that are being challenged in court. The federal appellate court has already heard arguments in the Oklahoma case and a ruling is expected soon.

A constitutional amendment in Colorado prohibits same-sex marriage, but the state legislature passed a bill last year recognizing same-sex civil unions, which confer almost all the same rights and responsibilities as marriage. Several couples filed suit earlier this year challenging the amendment.

Judge Carlos Lucero, writing the majority opinion, struck down several of Utah’s arguments in favor of the ban, including that same-sex marriage would erode marriages between men and women, and that they would be bad for children.

“[I]t is wholly illogical to believe that state recognition of the love and commitment between same-sex couples will alter the most intimate and personal decisions of opposite-sex couples,” he wrote.

“We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws,” he concluded. “A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.”

By Greg Campbell from the Daily Caller News Foundation







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About

Onan is a graduate of Liberty University (2003) and earned his M.Ed. at Western Governors University in 2012. Onan lives in the Atlanta area with his wife, Leah. They have three children and enjoy the hectic pace of life in a young family. Onan and Leah are members of the Journey Church in Hiram, GA. Catch him at www.eaglerising.com

Posted in Constitution, Courts, Homosexuality, Law Tagged with: , , ,
  • LABobfromNYC

    The fact that court after court has ruled that bans against gay marriage violates the U.S. Constitution should point out even to dimwitted morons of the tea party that they don’t stand up for our constitution & in fact they seek to trample on it.

    • UTA Rebel

      Which are your Bob? Husband or wife?

    • dtk1952

      No, it goes to show that our country is losing its’ morals to a bunch of losers.

      • http://www.facebook.com/sstephaniew stephanie wilson

        amen!

    • jessica22

      Our Constitution was not meant to define religious institutions.
      Marriage has always been, is and always will be a religious institution.
      You may want to rename it, redefine it or reestablish it.
      You may even think you legally have the power to do that.

      You are wrong…

      • LABobfromNYC

        The Constitution says nothing at all about marriage & marriage is not a religious institution but a socio-legal one governed by the state. This notion that you can’t “redefine marriage” was the very same argument that southern conservative Christians used to argue against interracial marriage. It didn’t work then & it won’t work now.

        • UTA Rebel

          ‘governed by the state’
          Yep, I believe that. and if you folks in New Yawk State want to live in sin, it doesn’t matter to us folks in other ‘States’. :)

        • LABobfromNYC

          Our supreme court will force you southern bigots to accept same sex marriage just like they had to force you to accept interracial marriage & that will be the end of it.

        • UTA Rebel

          Our Supreme Court has already left it to the State.
          The ‘end’ of it will not be pleasant for ‘you’ in the Almighty’s Court.

        • http://www.facebook.com/sstephaniew stephanie wilson

          the founders never imagined perverts would ever question what marriage is

        • LABobfromNYC

          Really? When did you develop the super power of reading the minds of dead people?

        • jessica22

          The COTUS also says nothing about the right to breathe.
          Some things are self-evident…

        • LABobfromNYC

          IF marriage was a religious institution than non religious people should not allowed to be married. This notion of marriage being a religious institution is a “red herring” to hide homophobic bigotry

        • jessica22

          You’re right.
          As far as I’m concerned, non-religious people have no obligation to get married if they want to live together.

          Marriage is simply a religious recognition of the joining of a husband and wife as one in God’s eyes. The government got involved because marriage was done by almost everybody. It gets its nose into places it doesn’t belong. Because marriage is so common, it was a good place to gather revenue.

      • UTA Rebel

        jessica, you are right on target – marriage is a religious institution,
        People like Bob do not understand this,…. when their reckoning day comes, they will.

    • woonsocket

      It was amazing how fast gay marriage became legal in the past 3 yrs. It was state by state and they all fell like dominoes. If we could only see politically active evangelicals spend 40 days, 40 nights and 40 yrs. in the Mojave Desert, commonsense would return.

      • http://www.facebook.com/sstephaniew stephanie wilson

        keep dreaming

    • UTA Rebel

      Bob – you don’t even know what a Tea Party person is,,,, ask your mom and dad….. they know.

      • LABobfromNYC

        Indeed it do. It’s an uneducated dimwit that is too stupid to even realize that the tea party is nothing more then the John Birch society that’s been resurrected, bought & paid for by the Koch brothers to fight for their interests just like the JBS was bought & paid for by their daddy

        • UTA Rebel

          Obviously you have never been to a Tea Party meeting. Try it sometime – it will enlighten you and cure your hate,

          Or you can remain in the dark and continue to make silly insults that have no basis.

        • LABobfromNYC

          You should try & go to school. Knowledge will cure your ignorance.

        • UTA Rebel

          Bob – your silly statements and insults are getting weaker….
          You really should have a meeting with the peopke you keep TRYING to insult – it will make your day. :)

  • jessica22

    Wonder if they’ll allow marriage applications for a man and a dog soon…

    • LABobfromNYC

      C’mon Jessica, you’re starting to sound like the rest of these tea party idiots & I know you’re brighter then that!

      • UTA Rebel

        People from NYC and LA will probably rather marry cats than dogs.

        • LABobfromNYC

          You country bumpkins have been marrying sheep for years!

        • Jack Laurie

          Hom0….hom0…if you think hom0 is perfectly fine admit what you are, don’t be ashamed

        • LABobfromNYC

          those opposed to Gay Marriage don’t even begin to comprehend how offensive their bigoted homophobia is to
          most of us, whether Gay or Straight

        • jessica22

          Most of us? Most of who?
          Please finish your thought…

        • LABobfromNYC

          Most of us meaning people that believe in the 14th amendment of our constitution & equal rights for all Americans.

        • jessica22

          Because not all of us believe in the 14th amendment or in equal rights for all people?????????

        • LABobfromNYC

          Those against gay marriage obviously don’t. Their is no rational basis against same sex marriage & court after court is saying that. You’ve got to be bright enough to see that.

        • jessica22

          Quit calling me irrational… and those who believe as I do.
          Has NOTHING to do with intelligence.
          ps Lose the talking points & start speaking for the man u are.
          You’re an intelligent person when you speak for yourself.

        • UTA Rebel

          Bob, God will provide a very bright light for you at the end. :)

        • LABobfromNYC

          Which god might that be?

        • UTA Rebel

          There is no ‘god’ – only ‘God’.

        • woonsocket

          The law is concrete. Religion is faith. Amendments have nothing to do with faith. If you break a law that is based on equality, you could be arrested. The police use the law, not your philosophy as a guideline.

        • UTA Rebel

          Not even ‘not all’ but a majority of Americans do not believe what the person from NYC believes.

        • UTA Rebel

          Ah, that yankee is showing in you now. Did you know that the 14th was unconstitutionally passed? And even were it such a great amendment, it doesn’t apply to you. :)

        • londontubes

          The discussion of the legality of the ratification of the 14th amendment is very interesting. From Wikipedia:
          “The amendment was bitterly contested, particularly by Southern states, which were forced to ratify it in order for them to regain representation in Congress.”

          Two other rather complete investigations of the ratification can be found at:
          http://www.constitution.org/14ll/no14th.htm

          http://www.barefootsworld.net/14uncon.html

          The following statement from an article in the Journal of the Alabama School of Law in 2002 really sums up the situation:
          “It seems quite clear that the Fourteenth Amendment was not ratified, if proposed, even loosely within the text of Article V of the Constitution. Article V does not give Congress the power to deny a state representation in Congress without its consent. In fact, it prohibits such conduct. Nor does Article V give Congress the power to abolish a state government when it refuses to ratify a proposed amendment. And certainly,
          Article V does not allow Congress to deny a state its representation
          until it ratifies a desired amendment.” (UNORTHODOX AND PARADOX RE: VISITING
          THE RATIFICATION OF THE FOURTEENTH AMENDMENT)

          Very interesting reading!

        • UTA Rebel

          Good post – thanks.

        • LABobfromNYC

          Of course it was bitterly contested by Southern states! Southern states have been bitterly contesting freedom for hundreds of years!

        • londontubes

          Just because the ‘contested’ it, did not allow the Federal Government to not follow the Constitution to get what they (the North) wanted.

        • londontubes

          Especially under the Democrats.

        • http://www.facebook.com/sstephaniew stephanie wilson

          those who oppose Godly values dont know how bigoted they are.

        • LABobfromNYC

          The obvious difference is those that don’t believe in “godly values” aren’t trying to deny you of any rights.

        • UTA Rebel

          Ah, so you are an atheist? A real minority….

        • http://www.facebook.com/sstephaniew stephanie wilson

          you dont have a right to re redefine marriage!!!

        • LABobfromNYC

          Same sex marriage is inevitable. Even dimwits like you must realize that.

        • woonsocket

          *LOL* …and I thought “moonshiners” was an insult. Then there’s Daisy the Sheep in “Everything you Wanted to Know About Sex and Were Afraid to Ask.”

        • Greg137

          You neophytes in the city have been having fantasies about goats for ages, hence Sylvia the goat! you are a Hypocritical jackass you know that don’t you! Go kill yourself!

        • Greg137

          you do understand that young people feature in the city, hence, neophytes have a suicide rate right? and many of them are gays, and then there is that fact about that play the city people do about a goat named Sylvia.. Point is loser. you are a hypocrite of the worst order, so go hump a goat which by the way comes from the country, and while you are eating your food a majority of which also come from the country as well jack ass.. If you don’t want to be affiliated with the country bumpkin, then why don’t exile anything in your life that supports the country folk, bigot so you can then pretend to be better than anyone else, or maybe you could go and do what the rest of you idiotic elitist snobs and kill yourself while everyone in the city are really just a bunch of social vampires who aren’t happy until someone else is miserable… So go be miserable, mister elite, kill yourself or marry a fucking goat for all I care and continue to be a deviant while pretending you are someone special, because you have never left the city that you imprisoned yourself and maybe when you stand before God the Father you will have realized the stupid futility of your life as you live in your espresso façade… Where nobody cares that you even live… The country folk understand the value of life, and they have seen more in their life times then you ever will… You are sad LABob really pathetic and sad…..

        • UTA Rebel

          Gosh, Bob…. I think you have just been preached the Gospel to. I wouldn’t want to be in your shoes when the Man comes around….

      • http://www.facebook.com/sstephaniew stephanie wilson

        look who’s talking! you sound like an idiot all the time!

    • dtk1952

      That would be almost as sick as queer marriage. But, in reality, how about polygamists? When are they going to get their rights.

      • jessica22

        Sorry to be so disgusting… the thoughts that went thru my mind as I was writing those words…

    • woonsocket

      Contact Rick Santorum. He knows all about that.

  • Up Huff

    Marriage, let alone Queer “marriage”, is not a “right” nor a “protected” theme in the Constitution, therefore the Supreme Court has NO jurisdiction over what must them be left to the States to decide for themselves. This court has 2/3rds of their collective decision makers with their heads up their arses. Or maybe it’s just their pockets being held wide open? Tough to decide on, eh?

  • dtk1952

    This country is going to hell faster than a speeding bullet, what with all of these sick judges forcing their sick decisions on states.

  • Spoony

    Let’s see now! Genesis says something about…. oh…I remember! First there was a man created out of the dust…ok so far…then God put the man in a deep sleep and took a rib from him and built a female species for the man. Eh… the man was called Adam and the female Eve and they lived together in a beautiful garden…..how am I doing so far? However, I don’t find any mention of an Adam and a Bruce type as married partner nor do I find anything mentioned about an Eve and a Tootsie type as marriage partners either! Did I miss something some where? Some “court” in Utah seems to think so it seems.

    • LABobfromNYC

      So, what does a fairytale have to do with the US constitution?

      • woonsocket

        When the far right tries to interpret The Constitution. They want it to be viewed as a religious document. Evangelicals want the country to be ruled by them.

        • jessica22

          Why does religion have to come into the debate?
          Simple facts are sufficient.

          Woonsocket can’t marry a dog or an ant.
          Jessica can’t marry a cat or a spider.
          A man and a woman can only marry a person of the opposite sex… period. For health and procreation reasons.

          Simple, clear, easy-to-understand… even without religion.

        • LABobfromNYC

          Jessica, the “Slippery slopes argument” is a right wing fear tactic. Efforts to legalize same-sex marriage simply aim to provide same-sex couples with equal access to marriage laws. there is no intention to change the fundamental definition of marriage as the legal union between two adult human beings who have no direct biological connection with each other. You may wanna check the facts, not one country or state that have legalized same-sex marriage subsequently legalized marriage involving animals, children, siblings, or groups of people.
          BTW, are you suggesting that .straight couples who cannot biologically have children shouldn’t be allowed to marry?

        • jessica22

          Obviously I am not suggesting straight couples who can’t have children shouldn’t be allowed to marry. Why do you twist the intent of the question when you know the answer?

          I wish you would sit down and – by yourself – consider the legal ramifications of living in a world where marriage meant the union of one man and one woman AND civil union meant the exact same thing only it could be the union of any sexual partners. Nothing else changes… just the words…

          My guess is you’d still find something to argue about…

      • UTA Rebel

        Ah, so you ARE an atheist! We feel for you!!

      • Spoony

        You’re the expert on fairy tales; you tell me!

    • dtk1952

      Maybe they think Eve is short for Steve.

      • Spoony

        Could be! The way people think today…who knows?

  • http://www.facebook.com/sstephaniew stephanie wilson

    this is judicial tyranny, plain & simple, whatever your views are, the state has decided. if gays want to marry, go to another state. dont impose it on the entire country!

    • woonsocket

      Maybe they don’t want you to impose your views on them.

      • http://www.facebook.com/sstephaniew stephanie wilson

        i am not imposing, gays are

    • LABobfromNYC

      This may come as a surprise to you but federal law trumps state law (otherwise the south would still have slaves)!

      • http://www.facebook.com/sstephaniew stephanie wilson

        exactly, that is the problem w/ this ruling. duh! comparing slavery w/ gay marriage is absurd, tho.

        • LABobfromNYC

          The minority is protected against the majority in this country

        • http://www.facebook.com/sstephaniew stephanie wilson

          protected from what? you are not being oppressed.

        • LABobfromNYC

          protected the tyranny of the majority

        • http://www.facebook.com/sstephaniew stephanie wilson

          the tyranny is being done by the minority. like you, get off it tyrant! your war on religious freedom is sickening, now you pervs are waging homo jihad on the rest of the world.

  • old_salty_dawg99

    This is another case of Legislating from the Bench and needs to be stopped NOW. The Judges are trying to foce their IGNORANCE on everyone else. Gays have the rights they should have and their choosing to have sex with their own sex is not a reason to give them more rights than everyone else.

    • LABobfromNYC

      Homophobic bigots may think “gays have the rights they should have” but courts across the country disagree