LGBT News Previously Allowed Same-Sex Marriages Will Not Be Recognized in Utah

Ugh. Well I expect more lawsuits to be issued as a result of this.

What a travesty. All of those good Mormon couples who have been waiting for marriage to finally have sex are now living in sin.

I hope Utah is at least contemplating giving a refund.

 

I'm not surprised. The majority of the population doesn't support it in Utah. It was short lived. Maybe some day churches will spend more time and money helping the poor and healing the sick instead of banning gay marriage.

 

I just really hope this doesn't end up like Australia

 

What happened in Australia was because of the way the government is set up, which is not like the way it is in the US. In Australia, the federal government has more power than the states and can set laws regarding these issues on a uniform basis. That said, the state law allowing gay marriage conflicted with federal law, and so federal law

In this case with Utah, the precedent set by Hollingsworth V. Perry, where once a right is granted, it can't be taken away, means that Utah may have no choice but to legalize same-sex marriage. That and the fact that those marriage licenses were valid under the law at the time they were issued means that Utah has no choice but to recognize them. Another constitutional question that will hopefully be asked while this is being considered.

 

What the F**K :tantrum: Oh hell No :bang:

 

oh

 

Yes, I'm actually thinking that this move by Utah may actually be good in the long run because it's an example of them taking away a previously granted right. Although they're trying to split hairs here. They're saying they aren't "invalidating" the marriages just putting them "on hold" while the court sorts things out. Of course, by on hold they mean not recognizing their existence despite the fact that they were previously legal.

Utah has now put the court in the position of not only being forced to decide whether or not a state can ban gays from getting married, but whether or not already existing marriages can be invalidated. If the court attempts to say the state has the right to deny gays the right to get married, they're going to have a hard time not invalidating already existing marriages. If the court attempts to say no marriage equality, but those already married can be legally recognized then they're going to have a hard time explaining why future gays can't also get married.

What rational basis does the state have in denying gays the right to get married? Can already existing marriages be retroactively invalidated by the state even though they were legally obtained? If some gay marriages are recognized what rational basis does the state have in denying future gays access to the franchise?

Those are some questions that the 10th Circuit Court, and perhaps ultimately the Supreme Court will have to answer.

Honestly, I think this action by Utah has made the 10th Circuit Court more likely to rule in our favor, because if they do not and Utah is able to invalidate those marriages a case could be made that it actively harms those who were married by stripping away their rights and privileges.

 

I still believe this Utah fiasco is going to be what causes the Supreme Court to re-address the state right to define marriage.

It's caused more lawsuits than before their ruling on DOMA.

 

Just seems like a really bone headed and divisive stance aimed at appeasing the conservative peanut gallery to me.

 

Huh, I wonder what the Supreme Court would do, if the case reaches them...makes me a bit nervous.

 

Which is why they should have ruled at the same time as DOMA. It was cowardly and nonsensical to say that two years later it will suddenly be unconstitutional to deny gay marriage.

---------- Post added 9th Jan 2014 at 12:08 AM ----------

It's also really pathetic to see this charade continue when this is all inevitable and we're almost 10 years behind Canada now.

---------- Post added 9th Jan 2014 at 12:15 AM ----------

I also think utah is well on its way to being remembered with disgrace in the history books, like a certain state in Loving v virginia

 

Well I was tremendously surprised when, of all states, Utah announced that they were repealing the ban on same-sex marriage, when Utah is not known for being a gay-friendly state. It left me with a question of "How long could it last?". And it seems my doubts were answered by this recent decision. I feel for all those Utahn couples.

I bet that guy on hunger strike is jumping for joy.

 

Why? Hungry Howie there said that he would only eat once the ban was restored. It hasn't been, there is simply a stay on the ruling until the 10th circuit hears Utah's appeal. Unfortunately a stay on the ruling means that Utah reverts back to it's draconian laws in the interim. However, all marriages performed during the legal window ARE valid marriages, the government(fed or state) can't retroactively void them. Now, Utah may be (for now) legally able to deny recognition of those valid-at-inception licenses. However, since the license were valid when obtained, I pretty sure that the feds MUST recognize them since DOMA Sec. 3 is gone. The fun part is that this will cause more headache for Utah. Although DOMA Sec. 2 allows them to get around this technically, I think most states have tax laws that state if you file married on your fed taxes(which the more than 900 newlyweds can) then you MUST file married on your state/municipality taxes. I hope all the couples file married on their Utah taxes, just so these jerks can have fun sorting it all out.

 

I know the ban hasn't been restored, but the opposition are likely getting their hopes up.

 

Cruel heartless mean spirited pricks!!! If you're one of the people who thought you were married reading this, I am extremely embarrassed of my former religion.

 

My family is Mormon and I have to go to church because they make me so from the lessons in church everybody understands that god wants us to be happy they have a thing called the word of wisdom which says you can't do drugs and stuff which I understand but they say same sex marriage is a sin but if we are happy that's good because god wants us to be happy which they teach well if we like the same sex and get married why should we go to hell I think the reason why Utah is trying to put a stop on more gays being married because like 98% of the state is Mormons and they are very angry about same sex marriage because it goes against what they teach i think that is the biggest reason why there is so much opposition because there are so many mormons in this state I hate being Mormon all you hear in school is jokes about LGBT people and how stupid we are if they just knew a little more about us I think they would realize that we are not the stupid strange people they think we are just yesterday I heard someone telling someone that gay people were a different species and he really believed it if we could just make people more aware that we are not so different that we have feelings we have likes and dislike we get happy and sad I think there would be a lot more support for same sex marriage in the state

 

While it might not seem like it at the moment. This can actually be a good thing. If the 10 circuit of appeals says that banning same sex marriage is unconstitutional, wouldn't all the districts Represented be forced to recognize same-sex marriage? In a sense this could lead to recognition in Colorado, Kansas, Oklahoma, and Wyoming as well?

 

Exmormon teen in Utah...blah. Stay strong and don't let them force you to go on a mission.

Yup.

Yep...but the Mormon church teaches people to not think. So they don't.

 

Federal Government Will Recognize Utah Same-Sex Marriages, Eric Holder Announces

Eric Holder announces that the Federal government will honor all Utah same-sex marriages created during the legal window.