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Utah marriage ban found unconstitutional

Timothy Kincaid

December 20th, 2013

It’s coming fast and furious this week. (SL Trib)

A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the law violates the U.S. Constitution’s guarantees of equal protection and due process.

“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,” wrote U.S. District Court Judge Robert J. Shelby. “Accordingly, the court finds that these laws are unconstitutional.”

No one expected anything on this case before next month.

From the ruling

The court agrees with Utah that regulation of marriage has traditionally been the province of the states, and remains so today. But any regulation adopted by a state, whether related to marriage or any other interest, must comply with the Constitution of the United States. The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.

Applying the law as it is required to do, the court holds that Utah’s prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law. The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.

UPDATE:

There is no stay on this ruling (as of yet) and there is no required delay between application and ceremony, so expect Utah marriages immediately.

Comments

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cowboy
December 20th, 2013 | LINK

There hasn’t been this much buzz in the media here in Utah since the LDS Church:

1) Gave up polygamy
2) Allowed African-Americans full membership
3) wrote a letter about Prop 8

Supposedly, there was a couple already married within hours of this ruling. Just goes to say, you have to be on the gay “A” list to get the perks.

Hunter
December 20th, 2013 | LINK

Cowboy — yep: http://gaysaltlake.com/news/2013/12/20/breaking-utahs-first-gay-married-couple/

The clerk wanted to marry them herself, but the County AG wouldn’t let her.

Timothy Kincaid
December 20th, 2013 | LINK

cowboy, congrats on your newly respected rights

cowboy
December 20th, 2013 | LINK

Thanks Timothy and Hunter,

Change the color of Utah on that map will ya!!

Oh…I do think this is going to be a very Merry Christmas for a bunch of people in Utah this year.

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