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LGBT News Supreme Court stops Utah gay marriages

Discussion in 'Current Events, World News, & LGBT News' started by Aldrick, Jan 6, 2014.

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  1. Aldrick

    Aldrick
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    Read more at the SCOTUS Blog here. There is also a NYT article here that isn't quoted.

    ================

    Okay, this appears to be heading for the 10th Circuit Court, right? If the 10th upholds the lower court ruling, and the SCOTUS does not take up the case, what are the chances that all of the states the 10th Circuit oversees being impacted (Example: Oklahoma)? I can imagine a situation where the 10th rules narrowly, but if they strike down the ban in Utah, why would they not also strike it down in other states?
     
    #1 Aldrick, Jan 6, 2014
  2. AlamoCity

    AlamoCity
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    If 10th Circuit rules in the matter for same-sex marriage, there's no way I won't affect the other states within the Circuit, if SCOTUS doesn't grant certiorari and reviews the Utah case. Judges in those states will probably be tripping over ruling for same-sex marriage :grin:. That said, we could have a rare event where the matter is heard en banc by the whole 10th Circuit instead of a panel of judges. That would be interesting.

    District-level judges of the 10th Circuit would be forced, by stare decisis, to rule in favor of same-sex marriage, should the 10th Circuit rule favorable. The opposite would also be true if the Circuit Court rules against SSM.
     
    #2 AlamoCity, Jan 6, 2014
  3. Aldrick

    Aldrick
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    Okay, did a Google search to find out who was sitting on the 10th Circuit Court. From there I was able to find out who nominated them. Here are their names and who put them there.

    Chief Judge Mary Beck Briscoe - Nominated by Clinton
    Senior Judge William J. Holloway, Jr. - Nominated by LBJ
    Senior Judge Monroe G. McKay - Nominated by Carter
    Senior Judge Stephanie K. Seymour - Nominated by Carter
    Senior Judge John C. Porfilio - Nominated by Reagan
    Senior Judge Stephen H. Anderson - Nominated by Reagan
    Senior Judge Bobby R. Baldock - Nominated by Reagan
    Senior Judge Wade Brorby - Nominated by Reagan
    Senior Judge David M. Ebel - Nominated by Reagan
    Senior Judge Michael R. Murphy - Nominated by Clinton
    Senior Judge Terrence L. O'Brien - Nominated by Bush #2
    Judge Paul J. Kelly, Jr. - Nominated by Bush #1
    Judge Carlos F. Lucero - Nominated by Clinton
    Judge Harris L Hartz - Nominated by Bush #2
    Judge Timothy M. Tymkovich - Nominated by Bush #2
    Judge Neil M. Gorsuch - Nominated by Bush #2
    Judge Jerome A. Holmes - Nominated by Bush #2
    Judge Scott M. Matheson, Jr. - Nominated by Obama
    Judge Robert E. Bacharach - Nominated by Obama
    Judge Gregory A. Phillips - Nominated by Obama

    That breaks down to...

    9 Democratic Nominees
    11 Republican Nominees

    Although the divide based on party doesn't matter TOO much, it's helpful to know...
     
    #3 Aldrick, Jan 6, 2014
  4. Daydream Harp

    Daydream Harp
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    And then a new generation of conspiracy theorists was born
     
    #4 Daydream Harp, Jan 6, 2014
  5. Rakkaus

    Rakkaus Guest

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    Justice Sonia Sotomayor, an Obama appointee, is to blame for halting equality in Utah. She could have refused the stay on her own prerogative, and preserve equality in Utah, but chose not to.

    Thanks again, Obama!
     
    #5 Rakkaus, Jan 6, 2014
  6. AlamoCity

    AlamoCity
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    I actually read that when issues are of paramount importance, it is customary for the Circuit Justice to refer the matter to the full court. While I, too, am disappointed, I feel it was the right decision in the long run. The next few months will be interesting. Wish I could be there in Denver.
     
    #6 AlamoCity, Jan 6, 2014
  7. Tim

    Tim
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    This isn't necessarily a bad thing.

    They could have ordered the stay because they wish to re-visit the ruling that states have the right to determine what marriage is.

    Wouldn't surprise me after all the military crap that's happened since then.
     
    #7 Tim, Jan 6, 2014
  8. blueberrymuffin

    blueberrymuffin
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    This doesn't really matter. Judges are appointed, not elected. The judge who struck down utah's ban was a repub and praised highly by some of the biggest homophobes in that party when he was nominated.
     
    #8 blueberrymuffin, Jan 7, 2014
  9. Aldrick

    Aldrick
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    Yeah, I know. That's why I said it doesn't matter too much. It's just something to take into consideration, just like when we try to read the tea leaves of how certain justices on the SCOTUS will rule.
     
    #9 Aldrick, Jan 7, 2014
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