Yesterday, more judges ruled that American voters are barred from defining natural marriage (e.g.: Indiana), but also yesterday, Judge Paul Kelly of the Tenth Circuit Court of Appeals became the only federal judge, since last year's Supreme Court ruling on DOMA, to rule that the U.S. Constitution does NOT provide a special right for homosexual "marriage."
UPDATE 11/7/14: 'Gay Marriage' Loses in Federal Appeals Court; on to Supreme Court
UPDATE 7/30/14: 4th Circuit Judge Bucks Majority 'Gay Marriage' Ruling, Saying Polygamy Will Follow
For background, read how activist judges across America are forbidding voters the right to define marriage as between one man and one woman.
However, also read 'Gay Marriage' Not Favored in Polls, Only in Court
In addition, read that just this week, Vice President Biden declared that the Gay Agenda must trump religious beliefs, and even a so-called Tea Party U.S. Senator said that same-sex "marriage" and abortion are non-issues.
-- From "Thoughts on today’s Tenth Circuit decision striking down Utah’s ban on same-sex marriage" by Ilya Somin, Professor of Law at George Mason University School of Law, Washington Post 6/25/14
. . . this decision is significant because it is the first such ruling by an appellate court. It is also notable because there is a lengthy and detailed dissent by Judge Paul Kelly, who has now become the first judge since Windsor to conclude that a state law banning same-sex marriage does not violate the Constitution. Kelly’s opinion suggests that there is not a clear consensus in the federal judiciary about either the implications of Windsor or the same-sex marriage issue more generally.
. . . today’s decision is an important victory for advocates of same-sex marriage. But Judge Kelly’s dissent suggests that the legal battle over the issue is far from over. The question is likely to return to the Supreme Court, quite possibly sooner than many of us at first anticipated.
To read the entire article above, CLICK HERE.
From "Ruling shows crack in legal gay marriage unanimity" by Nicholas Riccardi, Associated Press 6/26/14
Judge Paul J. Kelly, Jr. was in the minority in his opinion as the two other judges on the 10th Circuit Court of Appeals panel found the U.S. Constitution protects the rights of gay couples to marry. Kelly has broken the string of 16 state and federal judges who sided with gay marriage advocates in cases across the country over the past year.
Kelly, 73, is a Republican and appointee of President George H.W. Bush . . . in his 21-page dissent, Kelly warned that his colleagues were overreaching in striking down Utah's voter-approved gay marriage ban.
Creating a national mandate for gay marriage, even in states where it is unpopular, "turns the notion of a limited national government on its head," he wrote, adding later: "We should resist the temptation to become philosopher-kings, imposing our views under the guise of constitutional interpretation of the 14th Amendment."
To read the entire article above, CLICK HERE.
From "Utah plans to appeal appellate court's ruling on same-sex marriage to U.S. Supreme Court" by Marjorie Cortez, Deseret News National Edition 6/25/14
The Utah Attorney General's Office said it will appeal to the high court but did not rule out the possibility of first asking the full 10th Circuit court to review the case.
. . . the ruling also brought a defense of state rights. Tenth Circuit Court of Appeals Judge Paul J. Kelly Jr. dissented from Judge Carlos Lucero and Judge Jerome Holmes in the ruling . . .
"If the states are laboratories of democracy, requiring every state to recognize same-gender unions — contrary to the views of its electorate and representatives — turns the notion of limited government on its head," [Judge Kelly] wrote. "Marriage is an important social institution commonly understood to protect this and future generations. That states sincerely differ about the best way to do this is inevitable."
To read the entire article above, CLICK HERE.
UPDATE 7/18/14: "Appeals court strikes down Oklahoma gay marriage ban" by Richard Wolf, USA TODAY
[The U.S. Court of Appeals for the 10th Circuit] in Denver struck down a second state ban on same-sex marriage Friday, ruling that Oklahoma -- like Utah before it - cannot prohibit gays and lesbians from marrying.
As was the case with Utah's appeal, the panel split 2-1, with Judges Carlos Lucero and Jerome Holmes voting to strike down the ban and Judge Paul Kelly dissenting.
In his dissent, Kelly -- named to the bench by President George H.W. Bush -- said "any change in the definition of marriage rightly belongs to the people of Oklahoma, not a federal court. . . . At a time when vigorous public debate is defining policies concerning sexual orientation, this court has intervened with a view of marriage ostensibly driven by the Constitution," Kelly said. "Unfortunately, this approach short-circuits the healthy political processes leading to a rough consensus on matters of sexual autonomy, and marginalizes those of good faith who draw the line short of same-gender marriage."
To read the entire article above, CLICK HERE.
