s******8 发帖数: 311 | 1 SALT LAKE CITY – A federal judge struck down Utah's same-sex marriage ban
Friday in a decision that brings an increasing nationwide shift toward
allowing gay marriage to a conservative state where the Mormon church has
long been against it.
U.S. District Judge Robert J. Shelby issued a 53-page ruling saying Utah's
law passed by voters in 2004 violates gay and lesbian couples' rights to due
process and equal protection under the 14th Amendment.
Shelby said the state failed to show that allowing same-sex marriages would
affect opposite-sex marriages in any way.
"In the absence of such evidence, the State's unsupported fears and
speculations are insufficient to justify the State's refusal to dignify the
family relationships of its gay and lesbian citizens," Shelby wrote.
Gov. Gary Herbert vowed to “defend traditional marriage” in light of the
ruling.
“I am very disappointed an activist federal judge is attempting to override
the will of the people of Utah,” Herbert said in a statement. “I am
working with my legal counsel and the acting attorney general to determine
the best course to defend traditional marriage within the borders of Utah.”
The Salt Lake County clerk's office started issuing marriage licenses to
same-sex couples. Deputy Clerk Dahnelle Burton-Lee said the district
attorney authorized her office to begin issuing the licenses but she couldn'
t immediately say how many have been issued so far.
Utah's lawsuit was brought by three gay and lesbian couples. One of the
couples was legally married in Iowa and just wants that license recognized
in Utah.
One of those couples, Moudi Sbeity and Derek Kitchen, were roasting
eggplants for a farmer's market tomorrow when their lawyer, Peggy Tomsic,
called them with the big news.
"We had a positive feeling after the hearing on Dec. 4, but it's still a
surprise to hear it," Sbeity said. "We're excited and happy and hopeful to
see what happens what next."
The couple, which owns a company that makes Middle Eastern food spreads and
sells them to supermarkets, won't be getting married right away. They want
to see if the state appeals.
Another of the couples, Laurie Wood and Kody Partridge, said they were
elated.
"I'm just kind of in shock. My brother called and said, `When are you
getting married?" said Wood, 58, an English professor Utah Valley University.
The ruling comes the same week New Mexico's highest court legalized gay
marriage after declaring it unconstitutional to deny marriage licenses to
same-sex couples. A new law passed in Hawaii last month now allows gay
couples to marry there.
During a nearly four-hour hearing earlier this month in Salt Lake City,
attorneys for the state argued that Utah's law promotes the state's interest
in "responsible procreation" and the "optimal mode of child-rearing." They
also asserted it's not the courts' role to determine how a state defines
marriage, and that the U.S. Supreme Court's ruling last summer that struck
down part of the Defense of Marriage Act doesn't give same-sex couples the
universal right to marry.
Many similar challenges to same-sex marriage bans are pending in other
states, but the Utah case has been closely watched because of the state's
history of staunch opposition to gay marriage as the home of The Church of
Jesus Christ of Latter-day Saints.
The church said in a statement Friday that it stands by its support for "
traditional marriage."
"We continue to believe that voters in Utah did the right thing by providing
clear direction in the state constitution that marriage should be between a
man and a woman, and we are hopeful that this view will be validated by a
higher court," the church said.
Tomsic applauded Shelby's courage in making the ruling but warned that the
legal fight is not over, saying she expects the state to take the case to
the 10th U.S. Circuit Court of Appeals.
During this month's hearing, Tomsic contended marriage is a fundamental
right protected by the U.S. Constitution. She said the case embodies the
civil rights movement of our time, saying discrimination has gone on long
enough.
She said Utah's law, which passed with two-thirds of the vote, is "based on
prejudice and bias that is religiously grounded in this state."
In the ruling, Shelby wrote that the right to marry is a fundamental right
protected by the U.S. Constitution.
"These rights would be meaningless if the Constitution did not also prevent
the government from interfering with the intensely personal choices an
individual makes when that person decides to make a solemn commitment to
another human being," Shelby wrote. | g********d 发帖数: 4174 | | s******8 发帖数: 311 | 3 The Salt Lake County clerk's office started issuing marriage licenses to
same-sex couples. Deputy Clerk Dahnelle Burton-Lee said the district
attorney authorized her office to begin issuing the licenses but she couldn'
t immediately say how many have been issued so far.
【在 g********d 的大作中提到】![](/moin_static193/solenoid/img/up.png) : Niu!
| s******8 发帖数: 311 | 4 WIKI已经更新
Same-sex marriage is legally recognized in some jurisdictions within the
United States and by the federal government.[1] As of December 2013, 18[2]
states (California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine,
Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico,
New York, Rhode Island, Utah, Vermont, and Washington), as well as the
District of Columbia, have legalized same-sex marriage, although the
Illinois law will not become effective until June 1, 2014,[n 1] and the
court ruling legalizing same-sex marriage in Utah is under appeal.[3] Eight
Native American tribal jurisdictions[n, 1] issue marriage licenses for same-
sex couples. Oregon recognizes same-sex marriages performed in other states.
ban
due
would
【在 s******8 的大作中提到】![](/moin_static193/solenoid/img/up.png) : SALT LAKE CITY – A federal judge struck down Utah's same-sex marriage ban : Friday in a decision that brings an increasing nationwide shift toward : allowing gay marriage to a conservative state where the Mormon church has : long been against it. : U.S. District Judge Robert J. Shelby issued a 53-page ruling saying Utah's : law passed by voters in 2004 violates gay and lesbian couples' rights to due : process and equal protection under the 14th Amendment. : Shelby said the state failed to show that allowing same-sex marriages would : affect opposite-sex marriages in any way. : "In the absence of such evidence, the State's unsupported fears and
| k*****e 发帖数: 1235 | | m******1 发帖数: 19713 | | k*****e 发帖数: 1235 | 7 反同人士太惨了,上一个州的悲痛还没缓过来,下一个州又来雪上加霜了,真担心他们
的身体受不了阿。 | y*****3 发帖数: 451 | 8 这是存心不让lczlcz和liangzhi过年了啊!
【在 k*****e 的大作中提到】![](/moin_static193/solenoid/img/up.png) : 反同人士太惨了,上一个州的悲痛还没缓过来,下一个州又来雪上加霜了,真担心他们 : 的身体受不了阿。
| D**S 发帖数: 24887 | 9 This can be major, particularly given Utah being probably one of the most
conservative states in respect of gay rights.
Let the dominoes all fall even faster than anyone could have predicted! | s**********o 发帖数: 14359 | 10 太不可思议了,当初魔门教花巨资阻止加州合法化,
现在居然自家难保了。 | s******8 发帖数: 311 | 11 这个CASE要先上诉,生死未卜,如果胜利,又要跟PROP8一样达到高院。然而这次摆在
高院面前的将是一个难题,因为这次不能够像PROP8一样说原告没有STANDING,因为
ATTORNY GENERAL政府是原告。所以,必须做一个决定,到底是违宪还是不违宪。这很
有可能成为一个SWEEPING的决定从而影响所有各州的决定。
当然,这个上诉可能要到几年之后才可能有结果。
ban
due
would
【在 s******8 的大作中提到】![](/moin_static193/solenoid/img/up.png) : SALT LAKE CITY – A federal judge struck down Utah's same-sex marriage ban : Friday in a decision that brings an increasing nationwide shift toward : allowing gay marriage to a conservative state where the Mormon church has : long been against it. : U.S. District Judge Robert J. Shelby issued a 53-page ruling saying Utah's : law passed by voters in 2004 violates gay and lesbian couples' rights to due : process and equal protection under the 14th Amendment. : Shelby said the state failed to show that allowing same-sex marriages would : affect opposite-sex marriages in any way. : "In the absence of such evidence, the State's unsupported fears and
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