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US: Utah lawyers to attempt Supreme Court appeal against same-sex marriage

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  1. This should be interesting. The Supreme Court in the USA does not rule on individual states, but all states in the union, which means that if they reject the stay proposed by those Utah lawyers, then same sex marriages must be allowed in all states, not only in Utah. That is, all remaining same sex marriage bans remaining in any other states will be struck down nationwide at the same time. Same sex marriage will be a reality everywhere in the USA and it will be illegal for any state not to allow it. Some turn around..

    1. The article isn’t particularly clear; this is about the introduction of a stay on the Utah ruling to stop more marriages happening in the mean-time while the 10th circuit appeals court hears the states appeal of the ruling, not the case itself. As both the district and appeals courts have said no to a stay the state is taking its request to the Supreme Court. Any Supreme Court decision on a stay is not a ruling on the merits of the case itself (which may eventually reach the Supreme Court anyway), it will only apply to the Utah ruling.

      However if they do reject a stay, depending on the reasoning given (the appeals court said Utah wasn’t likely to win their appeal), it may mean future stays in other states aren’t granted.

  2. Well, to my friends in the UK, I will make explain how this can go down. Justice Sonia Sotomayor is the US Supreme Court judge who handles cases from the 10th circuit that Utah, and Colorado are a part of. She can choose to bring it to the court…however, that’s highly unlikely. She can reject the request, and the lower court’s ruling will stand. I find it interesting that the Utah Legislature is fighting this tooth and nail, knowing they’re going to get grilled on their legal merits on the case, which they failed to give.

  3. Federal Judge Robert Shelby’s momentous ruling can be read here: http://www.scribd.com/doc/192787555/Utah-Same-Sex-Marriage-Ruling
    It’s 53 pages, well worth the read, I thought the California case was well ruled by now retired, Judge Vaughn Walker, this ruling has the advantage of the Windsor USSC case striking down DOMAsect.3 and Judge Shelby makes full use of it, and effectively uses 3 arguments indicating the unconstitutional nature of the Utah law against equal marriage rights using Hightened scrutiny, and then concludes that the Utah law does not even meet a rational basis hurdle, never mind hightened scrutiny! Its also very readable in plain language. It leaves very little or no room for manuvere in its citeing of Supreme Court precident. Not surprised no court has yet issued a stay, but I’m not a lawyer, just an ardent observor.
    If Shelby’s ruling is upheld on appeal by the 10th circuit Appeals court then it will bring equality to Kansas Nebraska etc.Then they can appeal to SC

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