“Constitutional rights do not spring into existence by mass social activity triggered by the unreviewed decision of a single district court judge.”For background, read how President Obama's Department of Justice rushed to recognize same-sex "marriages" in Utah just days after the U.S. Supreme Court put a halt to the illegal marriage chaos.
-- State of Utah, in court brief
Also read Lawless Obama Administration Tells States to Violate Oath for 'Gay Marriage'
For the "big picture," read how activist judges across America are forbidding voters the right to define marriage as between one man and one woman. However, there's a lone appellate judge who says that there is NO constitutional protection for "gay marriage."
In addition, read President Obama Favors the One Percenters (Homosexuals)
-- From "Supreme Court Delays Benefits for Utah Gay Couples" by Brady McCombs, Associated Press 7/18/14
The couples were wed during a 17-day stretch in December when same-sex marriages were legal before the nation's highest court put the practice on hold. They had been set to get benefits Monday.
Utah Gov. Gary Herbert applauded the Supreme Court's decision. "I believe states have the right to determine their laws regarding marriage and, as I have said all along, that decision will ultimately come from the United States Supreme Court," he said in a statement.
The Supreme Court's order doesn't apply to any other states, but it could foretell how the high court would deal with similar situations elsewhere, said Douglas NeJaime, a University of California-Irvine law professor. Hundreds of other gay couples also married in Michigan, Wisconsin and Indiana after state bans were struck down and before those rulings were put on hold.
To read the entire article above, CLICK HERE.
From "Supreme Court Blocks Recognition of Utah Same-Sex Marriages" by Brent Kendall, Wall Street Journal 7/18/14
The high court, granting an emergency request by Utah Republican Gov. Gary Herbert, issued a brief order postponing the effect of a lower-court ruling that said the state had to recognize the same-sex marriages immediately.
Utah is in the process of preparing a petition to the Supreme Court that asks the justices to decide whether the state can continue to prohibit gay marriages. But questions surrounding existing Utah gay unions raise somewhat distinct legal issues.
Utah said that requiring the state to recognize the marriages now would be an unfair end run around the normal legal process, which is still going on.
To read the entire article above, CLICK HERE.
From "Justices Say Utah Doesn't Have to Recognize Gay Marriages" by Adam Liptak, New York Times 7/18/14
The marriages took place between Dec. 20, when Judge Robert J. Shelby of Federal District Court in Salt Lake City struck down Utah’s ban on same-sex marriage, and Jan. 6, when the Supreme Court issued a stay blocking that ruling while the decision was appealed.
On June 25, the United States Court of Appeals for the Tenth Circuit, in Denver, upheld Judge Shelby’s ruling. Utah officials have announced that they will soon ask the Supreme Court to hear that case, which presents the separate and much larger question of whether there is a constitutional right to same-sex marriage.
Friday’s order came in a different case, one concerning the status of what the state calls “interim marriages,” meaning those entered into during that period in December and January when same-sex marriage was briefly allowed.
To read the entire article above, CLICK HERE.
From "U.S. Supreme Court grants Utah a stay in same-sex marriage case" by Maya Srikrishnan, Los Angeles Times 7/18/14
Utah wanted to ensure that it did not have to recognize the marriages performed while its ban was inoperative. Last week, the 10th Circuit Court of Appeals denied Utah's request for a stay on that issue, giving it until July 21 to appeal to the Supreme Court.
Utah contended that would "create chaos" and "deprive public officials (and the governments they represent) of their own due-process rights to effective appellate review."
In its appeal to Sotomayor, Utah said, “Here, every single interim marriage performed as a result of the district court’s ... injunction directly challenges the sovereignty of Utah and its people. Each such marriage undermines the state’s sovereign interest in controlling ‘the marriage status of persons domiciled within its border.'"
To read the entire article above, CLICK HERE.
From "Supreme Court grants stay in Utah marriage recognition case" by Jessica Miller, The Salt Lake Tribune 7/18/14
Utah asked [the Supreme Court] for the emergency order on Wednesday, saying that the state believes it will ultimately prevail in its fight to revive a ban on same-sex unions. If it loses, the state said it would work to nullify the marriages entered into during that window.
Utah continues to defend its right to define marriage as a union between one man and one woman on two fronts — in Evans. v. Utah and in the Kitchen v. Herbert case that in December toppled the state’s ban on same-sex unions.
Kimball ruled in May in the Evans case that Utah must recognize and imbue all same-sex marriages performed in the state with the same rights and privileges afforded to married opposite-sex couples. His decision did not go into effect immediately to give the state time to appeal.
Utah’s emergency application was filed with U.S. Supreme Court Justice Sonia Sotomayor, who oversees the federal court circuit of which Utah is a part and who, in January, halted the issuance of marriage licenses to same-sex couples in Utah after 17 days of marriages.
To read the entire article above, CLICK HERE.
Also read 'Gay Marriage' Not Favored in Polls, Only in Court
And read American Decline: Obama's Gay Agenda vs. Christians
