Feral Court Rul Agast Utah's Ban On Gay Marriage : NPR

Contents:

• GAY MARRIAGE TCH NSERVATIVE UTAH OFF GUARD
• UTAH MAK CHANG TO ABI BY LAWSALT LAKE COUNTY DISTRICT ATTORNEY SIM GILL PROMPTLY ADVISED SALT LAKE COUNTY CLERK SHERRIE SWENSEN THAT SHE ULD ISSUE MARRIAGE LICENS TO SAME-SEX UPL, AND UPL BEGAN SHOWG UP AT THE URTHOE. OTHER UNTI FOLLOWED SU."WE ARE THRILLED WH THE CISN TODAY. WE WERE UGHT OFF GUARD. WE WEREN'T EXPECTG A CISN SO SOON OM THE SUPREME COURT," SAID DEREK KCHEN, ONE OF SIX PLATIFFS THE SE THAT BEARS HIS NAME."WE N'T WA TO PLAN OUR WEDDG," HE SAID AS HIS PARTNER, MOUDY SBEY, STOOD BEHD HIM WH A HAND ON HIS SHOULR. "WE'RE GOG TO HAVE BIG, GAY, FARMER'S MARKET WEDDG."UTAH GOV. GARY HERBERT AND ATTORNEY GENERAL SEAN REY SPEAK MONDAY, OCT. 6, 2014, TO MEMBERS OF THE MEDIA AT THE STATE CAPOL AFTER THE U.S. SUPREME COURT REFED TO HEAR APPEALS ON LOWER URT LGS THAT ALLOWED SAME-SEX MARRIAG, MAKG THEM LEGAL UTAH AND OTHER STAT. (PHOTO: STT G. WTERTON/DERET NEWS)HERBERT AND REY SAID AT A NEWS NFERENCE THAT THE STATE WOULD ABI BY THE LAW. THE ERNOR ADVISED STATE AGENCI A LETTER TO IMMEDIATELY REGNIZE LEGALLY PERFORMED SAME-SEX MARRIAG.STILL, HERBERT SAID HE WAS SURPRISED AND DISAPPOTED THAT THE SUPREME COURT DID NOT TAKE UP THE ISSUE. HE ALSO REERATED HIS POSN THAT STAT SHOULD CI THEIR OWN MARRIAGE LAWS."WHILE I NTUE TO BELIEVE THAT THE STAT DO HAVE THE RIGHT TO FE MARRIAGE AND CREATE LAWS REGARDG MARRIAGE, ULTIMATELY WE ARE A NATN OF LAWS AND WE HERE UTAH WILL UPHOLD THE LAW," THE ERNOR SAID.HERBERT LLED ON UTAHNS TO TREAT EACH OTHER WH KDNS AND RPECT REGARDLS OF THEIR PERSONAL BELIEFS ABOUT SAME-SEX MARRIAGE.REACTN TO URT'S CISNTHE SUPREME COURT CISN APPEARS TO HAVE END THE STATE'S APPEAL THE SAME-SEX MARRIAGE REGNN SE, EVANS V. UTAH, MOOT. REY' OFFICE IS REVIEWG THE IMPACT ON OTHER S, BUT HE SAID HE'S CLED TO BELIEVE THAT MANY OF THOSE ISSU ARE MOOT.THE 10TH CIRCU JUNE UPHELD U.S. DISTRICT JUDGE ROBERT J. SHELBY'S LG THAT STCK DOWN UTAH'S VOTER-APPROVED 2004 LAW FG MARRIAGE AS BETWEEN A MAN AND A WOMAN. THE URTS HELD THAT MARRIAGE IS A FUNDAMENTAL RIGHT UNR THE 14TH AMENDMENT GUARANTEE OF EQUAL PROTECTN UNR THE LAW.IT WAS WILY EXPECTED THAT THE SUPREME COURT WOULD TAKE UP AT LEAST ONE GAY MARRIAGE SE S TERM THAT STARTED MONDAY. CAS OTHER STAT NTUE TO WORK THEIR WAY THROUGH THE URT SYSTEM, THOUGH SEEMS UNLIKELY THE HIGH URT WOULD TAKE ONE UNLS AN APPELLATE URT SIS WH A STATE'S GAY MARRIAGE BAN.RELATED:BOTH SIS LL FOR CIVILY AFTER SCOTUS NI HEARG SAME-SEX MARRIAGE SUTAHNS' REACTN TO TODAY'S U.S. SUPREME COURT CISN NOT TO HEAR THE STATE'S APPEAL OF A LOWER-URT LG ALLOWG SAME-SEX MARRIAGE CLUD NCERN, CELEBRATN AND LLS FOR CIVILY, AS WELL AS QUTNS ABOUT WHAT'S AHEAD.BILL DUNN, SUTHERLAND INSTUTE’S DIRECTOR OF THE CENTER FOR FAY AND SOCIETY, SAID HE WAS "EPLY DISAPPOTED" THAT THE HIGH URT FAILED TO "RRECT THE LAWLSNS" OF LOWER URTS THAT HAVE PRIVED PEOPLE UTAH AND OTHER STAT OF THEIR ABILY TO PROTECT THEIR BELIEF THAT CHILDREN ARE ENTLED TO BE RAISED BY A MARRIED MOTHER AND FATHER."WHILE APPEARS THAT UTAH IS BEG FORCED BY THE FERAL URTS TO REGNIZE SAME-SEX MARRIAG, THERE ARE STILL OTHER STAT WHOSE LAWS THE URTS HAVE NOT YET DISPTED. WE WILL PROVI WHATEVER SUPPORT WE N TO THOSE STAT AND HOPE THE SUPREME COURT WILL RENSIR THIS UNWISE ACTN A FUTURE SE," DUNN SAID.ALLIANCE DEFENDG FREEDOM SENR UNSEL BYRON BABNE SAID THE URT’S CISN NOT TO TAKE UP THE ISSUE MEANS THAT THE MARRIAGE BATTLE WILL NTUE.SEVERAL FERAL URTS — CLUDG THOSE THE 5TH, 6TH, 8TH, AND 11TH CIRCUS — STILL HAVE S WORKG THEIR WAY TO THE SUPREME COURT, HE SAID.PEGGY TOMSIC, LEAD ATTORNEY FOR THREE GAY AND LBIAN UPL THE UTAH SE, SAID WOULD BE HARD FOR OTHER URTS TO "PUT THE TOOTHPASTE BACK THE TUBE."FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR.–PEGGY TOMSIC, ATTORNEY"FROM A NSTUTNAL PERSPECTIVE, WOULD BE VERY DIFFICULT TO SAY THAT SOME CIRCUS N HOLD NSTUTNAL UNR THE 14TH AMENDMENT AND OTHERS N SAY 'S NOT. THE 14TH AMENDMENT IS THE 14TH AMENDMENT. IT APPLI TO EVERY STATE THIS UNN," SHE SAID.TOMSIC, WHO MARRIED HER PARTNER AFTER SHELBY'S LG LAST DECEMBER, BEME EMOTNAL TALKG ABOUT THE SUPREME COURT CISN. SHE SAID SHE LOOKS FORWARD TO MOVG AHEAD WH THE SEND-PARENT ADOPTN OF HER SON."IT'S AN CREDIBLE THG THAT WE'VE DONE," SHE SAID. "FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR."MARY SUMMERHAYS, PRINT OF CELEBRATN OF MARRIAGE, ISSUED A STATEMENT SAYG THE URT HAS TURNED A BLD EYE TO A CHILD'S NEED FOR BOTH A FATHER AND MOTHER."THE CREDIBILY OF THE JUDICIAL SYSTEM IS PERMANENTLY DAMAGED WHEN NCLUS THAT ADULT RELATNSHIPS ARE SO IMPORTANT THAT CHILDREN MT GIVE UP THEIR RELATNSHIPS WH THEIR OWN MOTHER OR FATHER WHEN TO NFLICT WH GAY MARRIAGE," SHE SAID."ALTHOUGH THE LOWER URTS HAVE BEEN ALLOWED TO REFE MARRIAGE UTAH, UTAHNS WHO STAND WH CHILDREN WILL NTUE TO VIGOROLY SUPPORT POLICY THAT PRRIZ CHILDREN’S MOST IMPORTANT RELATNSHIPS ABOVE OTHER NSIRATNS."LEGALIZED GAY MARRIAGE LIKELY HERE TO STAY
• GAY UPL MARRY UTAH AFTER JUDGE OVERTURNS BAN
• STRIKE AGAST UTAH GAY-MARRIAGE BAN PAV WAY FOR SUPREME COURT RULG
• FERAL COURT RUL AGAST UTAH'S BAN ON GAY MARRIAGE
• APPEALS COURT REJECTS UTAH’S BAN ON GAY MARRIAGE, PRODDG SUPREME COURT
• U.S. APPEALS URT BACKS GAY MARRIAGE NSERVATIVE UTAH
• FERAL JUDG REVERSE GAY-MARRIAGE BANS IN UTAH, INDIANA
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS COULD REMOVE IT NEXT YEAR

GAY MARRIAGE TCH NSERVATIVE UTAH OFF GUARD

Same-sex marriage is a personal issue to Kchen, who was a platiff the 2013 urt se that helped Utah bee the first state to regnize gay marriage after a feral lg. Kchen is the only openly gay member of the Utah Legislature.

UTAH MAK CHANG TO ABI BY LAWSALT LAKE COUNTY DISTRICT ATTORNEY SIM GILL PROMPTLY ADVISED SALT LAKE COUNTY CLERK SHERRIE SWENSEN THAT SHE ULD ISSUE MARRIAGE LICENS TO SAME-SEX UPL, AND UPL BEGAN SHOWG UP AT THE URTHOE. OTHER UNTI FOLLOWED SU."WE ARE THRILLED WH THE CISN TODAY. WE WERE UGHT OFF GUARD. WE WEREN'T EXPECTG A CISN SO SOON OM THE SUPREME COURT," SAID DEREK KCHEN, ONE OF SIX PLATIFFS THE SE THAT BEARS HIS NAME."WE N'T WA TO PLAN OUR WEDDG," HE SAID AS HIS PARTNER, MOUDY SBEY, STOOD BEHD HIM WH A HAND ON HIS SHOULR. "WE'RE GOG TO HAVE BIG, GAY, FARMER'S MARKET WEDDG."UTAH GOV. GARY HERBERT AND ATTORNEY GENERAL SEAN REY SPEAK MONDAY, OCT. 6, 2014, TO MEMBERS OF THE MEDIA AT THE STATE CAPOL AFTER THE U.S. SUPREME COURT REFED TO HEAR APPEALS ON LOWER URT LGS THAT ALLOWED SAME-SEX MARRIAG, MAKG THEM LEGAL UTAH AND OTHER STAT. (PHOTO: STT G. WTERTON/DERET NEWS)HERBERT AND REY SAID AT A NEWS NFERENCE THAT THE STATE WOULD ABI BY THE LAW. THE ERNOR ADVISED STATE AGENCI A LETTER TO IMMEDIATELY REGNIZE LEGALLY PERFORMED SAME-SEX MARRIAG.STILL, HERBERT SAID HE WAS SURPRISED AND DISAPPOTED THAT THE SUPREME COURT DID NOT TAKE UP THE ISSUE. HE ALSO REERATED HIS POSN THAT STAT SHOULD CI THEIR OWN MARRIAGE LAWS."WHILE I NTUE TO BELIEVE THAT THE STAT DO HAVE THE RIGHT TO FE MARRIAGE AND CREATE LAWS REGARDG MARRIAGE, ULTIMATELY WE ARE A NATN OF LAWS AND WE HERE UTAH WILL UPHOLD THE LAW," THE ERNOR SAID.HERBERT LLED ON UTAHNS TO TREAT EACH OTHER WH KDNS AND RPECT REGARDLS OF THEIR PERSONAL BELIEFS ABOUT SAME-SEX MARRIAGE.REACTN TO URT'S CISNTHE SUPREME COURT CISN APPEARS TO HAVE END THE STATE'S APPEAL THE SAME-SEX MARRIAGE REGNN SE, EVANS V. UTAH, MOOT. REY' OFFICE IS REVIEWG THE IMPACT ON OTHER S, BUT HE SAID HE'S CLED TO BELIEVE THAT MANY OF THOSE ISSU ARE MOOT.THE 10TH CIRCU JUNE UPHELD U.S. DISTRICT JUDGE ROBERT J. SHELBY'S LG THAT STCK DOWN UTAH'S VOTER-APPROVED 2004 LAW FG MARRIAGE AS BETWEEN A MAN AND A WOMAN. THE URTS HELD THAT MARRIAGE IS A FUNDAMENTAL RIGHT UNR THE 14TH AMENDMENT GUARANTEE OF EQUAL PROTECTN UNR THE LAW.IT WAS WILY EXPECTED THAT THE SUPREME COURT WOULD TAKE UP AT LEAST ONE GAY MARRIAGE SE S TERM THAT STARTED MONDAY. CAS OTHER STAT NTUE TO WORK THEIR WAY THROUGH THE URT SYSTEM, THOUGH SEEMS UNLIKELY THE HIGH URT WOULD TAKE ONE UNLS AN APPELLATE URT SIS WH A STATE'S GAY MARRIAGE BAN.RELATED:BOTH SIS LL FOR CIVILY AFTER SCOTUS NI HEARG SAME-SEX MARRIAGE SUTAHNS' REACTN TO TODAY'S U.S. SUPREME COURT CISN NOT TO HEAR THE STATE'S APPEAL OF A LOWER-URT LG ALLOWG SAME-SEX MARRIAGE CLUD NCERN, CELEBRATN AND LLS FOR CIVILY, AS WELL AS QUTNS ABOUT WHAT'S AHEAD.BILL DUNN, SUTHERLAND INSTUTE’S DIRECTOR OF THE CENTER FOR FAY AND SOCIETY, SAID HE WAS "EPLY DISAPPOTED" THAT THE HIGH URT FAILED TO "RRECT THE LAWLSNS" OF LOWER URTS THAT HAVE PRIVED PEOPLE UTAH AND OTHER STAT OF THEIR ABILY TO PROTECT THEIR BELIEF THAT CHILDREN ARE ENTLED TO BE RAISED BY A MARRIED MOTHER AND FATHER."WHILE APPEARS THAT UTAH IS BEG FORCED BY THE FERAL URTS TO REGNIZE SAME-SEX MARRIAG, THERE ARE STILL OTHER STAT WHOSE LAWS THE URTS HAVE NOT YET DISPTED. WE WILL PROVI WHATEVER SUPPORT WE N TO THOSE STAT AND HOPE THE SUPREME COURT WILL RENSIR THIS UNWISE ACTN A FUTURE SE," DUNN SAID.ALLIANCE DEFENDG FREEDOM SENR UNSEL BYRON BABNE SAID THE URT’S CISN NOT TO TAKE UP THE ISSUE MEANS THAT THE MARRIAGE BATTLE WILL NTUE.SEVERAL FERAL URTS — CLUDG THOSE THE 5TH, 6TH, 8TH, AND 11TH CIRCUS — STILL HAVE S WORKG THEIR WAY TO THE SUPREME COURT, HE SAID.PEGGY TOMSIC, LEAD ATTORNEY FOR THREE GAY AND LBIAN UPL THE UTAH SE, SAID WOULD BE HARD FOR OTHER URTS TO "PUT THE TOOTHPASTE BACK THE TUBE."FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR.–PEGGY TOMSIC, ATTORNEY"FROM A NSTUTNAL PERSPECTIVE, WOULD BE VERY DIFFICULT TO SAY THAT SOME CIRCUS N HOLD NSTUTNAL UNR THE 14TH AMENDMENT AND OTHERS N SAY 'S NOT. THE 14TH AMENDMENT IS THE 14TH AMENDMENT. IT APPLI TO EVERY STATE THIS UNN," SHE SAID.TOMSIC, WHO MARRIED HER PARTNER AFTER SHELBY'S LG LAST DECEMBER, BEME EMOTNAL TALKG ABOUT THE SUPREME COURT CISN. SHE SAID SHE LOOKS FORWARD TO MOVG AHEAD WH THE SEND-PARENT ADOPTN OF HER SON."IT'S AN CREDIBLE THG THAT WE'VE DONE," SHE SAID. "FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR."MARY SUMMERHAYS, PRINT OF CELEBRATN OF MARRIAGE, ISSUED A STATEMENT SAYG THE URT HAS TURNED A BLD EYE TO A CHILD'S NEED FOR BOTH A FATHER AND MOTHER."THE CREDIBILY OF THE JUDICIAL SYSTEM IS PERMANENTLY DAMAGED WHEN NCLUS THAT ADULT RELATNSHIPS ARE SO IMPORTANT THAT CHILDREN MT GIVE UP THEIR RELATNSHIPS WH THEIR OWN MOTHER OR FATHER WHEN TO NFLICT WH GAY MARRIAGE," SHE SAID."ALTHOUGH THE LOWER URTS HAVE BEEN ALLOWED TO REFE MARRIAGE UTAH, UTAHNS WHO STAND WH CHILDREN WILL NTUE TO VIGOROLY SUPPORT POLICY THAT PRRIZ CHILDREN’S MOST IMPORTANT RELATNSHIPS ABOVE OTHER NSIRATNS."LEGALIZED GAY MARRIAGE LIKELY HERE TO STAY

Alo argued that the right to abortn isn’t the Constutn, which The New York Tim pots out is also the se for ntraceptn, gay timacy and same-sex marriage, all rights acknowledged by Supreme Court “unenumerated” rights are based on the 14th Amendment, which clar: “Nor shall any state prive any person of life, liberty, or property, whout due procs of law.

” Legal scholars say Alo’s arguments uld allow the Supreme Court to overturn a seri of lgs on LGBTQ rights, cludg gay marriage, “the right of gay spo to ernment benefs... And even the right to gay sex, ” wr The Inpennt.

GAY UPL MARRY UTAH AFTER JUDGE OVERTURNS BAN

Codifyg gay marriage Utah is somethg we obvly need to be dog. I’m worried about ‘Don’t Say Gay’, the ntued attacks on transgenr youth, as well as the threats to reproductive jtice that are g, " said Dr. Utah has passed landmark LGBTQ bills the past, cludg a historic nondiscrimatn law and a repeal of a ban on discsg homosexualy Utah schools that were sponsored by the Senate Print.

Among Amerins who report that they attend church weekly, 40% favor and 58% oppose gay marriage, acrdg to Gallup. Kchen, who lost his reelectn bid the Democratic Party primary electn, was a platiff the 2013 urt se that helped Utah bee the first state to regnize gay marriage after a feral lg. District Court for Utah December of 2013, which stck down the state's ban on gay marriage.

↑ ABC News, "Gay Marriage Rulgs Okla., Utah Build Momentum, " January 16, 2014. ↑ LA Tim, "Feral appeals urt overturns Utah's ban on gay marriage, " June 25, 2014. ↑ USA Today, "Utah to appeal gay marriage se to Supreme Court, " July 9, 2014.

STRIKE AGAST UTAH GAY-MARRIAGE BAN PAV WAY FOR SUPREME COURT RULG

↑ ABC News, "Appeals Court: Stat Can't Ban Gay Marriage, " June 25, 2014. ↑ The Wicha Eagle, "Decisn uld validate Kansas ban on gay marriage, " June 26, 2014.

↑ The Guardian, "US supreme urt cisn pav way for sweepg expansn of gay rights, " October 6, 2014. The nfn Saturday and reports of other crowds scramblg to fd an open office illtrated how gay marriage ught many Utah off Friday, more than 100 upl shed to wed Salt Lake County shortly after the lg was released. The state has given notice that will appeal the lg and has asked for an emergency stay to stop gay upl om gettg marriage licens.

Shelby, a recent appotee by Print Barack Obama, said Utah’s ban vlated the nstutnal rights of gay upl and led that Utah failed to show that allowg same-sex marriag would affect other marriag any way.

FERAL COURT RUL AGAST UTAH'S BAN ON GAY MARRIAGE

Orr Hatch remend Shelby for appotment Tobias, a nstutnal law profsor at Virgia’s Universy of Richmond who has tracked legal battl for gay marriage, said Saturday that Shelby’s lg was “fairly strong” and the judge seemed to dite he didn’t thk the state had a good gused if an emergency stay is granted, uld e as early as Monday or Tuday and stop the gay upl om gettg the appeal plays out, he said a fal cisn on gay marriage Utah is at least months down the road.

Coupl and their loved on broke out tears and cheers as their ceremoni were southwt Utah, two gay upl received marriage licens om the Washgton County clerk’s office before closed Friday, acrdg to The Spectm of St.

Fergon and Anrson were the first gay uple to receive a marriage license Utah, on Dec. District Judge Robert Shelby’s lg strikg down Utah's ban on gay marriag and the Supreme Court's stay on further marriag pendg an appeal by the state, took place Salt Lake Cy. Brandon and Wton cid to keep their own last nam after the two were married Utah 2013 when gay marriage was legal.

APPEALS COURT REJECTS UTAH’S BAN ON GAY MARRIAGE, PRODDG SUPREME COURT

“I thk we’re the first and only gay uple to get married on live televisn Utah, ” Mark said. Anrson said he felt the full force of beg married when Fergon was a platiff a lawsu New Jersey, which was aimed at shuttg down “nversn therapy” servic that promise to “cure” people of beg gay.

U.S. APPEALS URT BACKS GAY MARRIAGE NSERVATIVE UTAH

Supreme Court cled Monday to hear the state's appeal of a lower urt lg allowg gays and lbians to hours of the cisn, the 10th Circu Court of Appeals lifted the stay on gay marriage Utah and five other stat s jurisdictn. "We're gog to have big, gay, farmer's market weddg.

The urts held that marriage is a fundamental right unr the 14th Amendment guarantee of equal protectn unr the was wily expected that the Supreme Court would take up at least one gay marriage se s term that started Monday.

FERAL JUDG REVERSE GAY-MARRIAGE BANS IN UTAH, INDIANA

Cas other stat ntue to work their way through the urt system, though seems unlikely the high urt would take one unls an appellate urt sis wh a state's gay marriage ban. Several feral urts — cludg those the 5th, 6th, 8th, and 11th circus — still have s workg their way to the Supreme Court, he Tomsic, lead attorney for three gay and lbian upl the Utah se, said would be hard for other urts to "put the toothpaste back the tube. "The credibily of the judicial system is permanently damaged when nclus that adult relatnships are so important that children mt give up their relatnships wh their own mother or father when to nflict wh gay marriage, " she said.

"Legalized gay marriage likely here to stayUtah's se, Kchen v.

Herbert, addrsed both the right to marry and regnn of gay and lbian marriag performed other stat. "We are all Utahns and I hope that we will exercise a great al of kdns, rg and unrstandg one towards each other, " he legal expert says that the Supreme Court may hold off on weighg on the legaly gay marriage or might not weigh at all. A feral judge Louisiana upheld that state's gay marriage ban.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS COULD REMOVE IT NEXT YEAR

"The urt’s lettg stand the victori means that gay upl will soon share the eedom to marry 30 stat, reprentg 60 percent of the Amerin people, " Wolfson said. allowg gay marriage to a nservative state where the Mormon church has long. populo unty began issug marriage licens to gay upl while state.