Utah marriages are on for Monday morning

Timothy Kincaid

December 22nd, 2013

As we mentioned in our Utah update, the state had requested that the Tenth Circuit stay Judge Shelby’s ruling on marriage equality until such time as they could ask the judge to stay his own ruling.

The Tenth Circuit said, “no”. (Buzzfeed)

“Defendants-Appellants acknowledge that they have not addressed, let alone satisfied, the factors that must be established to be entitled to a stay pending appeal,” the court held. The factors include a showing by the party asking for a stay that they are likely to succeed on appeal, that they would suffer “irreparable injury” if they do not get a stay, that other parties would not injure other parties, and an assessment of where the “public interest” lies.

The judges wrote that the state could refile a similar motion at a later point so long as it complied with the court’s rules. Holmes was appointed to the appellate court by President George W. Bush; Bacharach was appointed by President Obama.

Which means that at 8:00 am, marriage licenses will again be handed out and marriages will occur at least until such time at Judge Shelby rules on whether the state is likely to succeed on appeal. And, considering that he issued his ruling in summary judgement (a sort of “you’re obviously right” ruling), I doubt that he’ll think they have much of a chance.

And, because I’m sure that Governor Herbert will be ranting some more about activist federal judges, let’s meet them:

Above the Law described Judge Jerome Holmes this way when he was appointed to the bench:

Holmes is a highly respected, exceptionally well-credentialed attorney. Who happens to be extremely conservative. Who happens to be African-American. And who happens to be quite outspoken on a number of issues, including affirmative action — which he strongly opposes.

One of our Hill sources describes Holmes as “the next Clarence Thomas,” who has liberals running scared.

And Tom Coburn (R-Oklahoma), who has a 0% support record from HRC, said this about Bacharach (NewsOK)

“You cannot find a blemish on this man in terms of his personal integrity,” Coburn said, adding that Bacharach had “one of the greatest intellects” he had come across.

“I have never met anybody who knows the Constitution — its limitations, its intent — better than Judge Bacharach,” Coburn said.

These gentlemen, or others on the Tenth Circuit, may eventually issue stay. They may even overturn the ruling. But for now hundreds of same-sex couples can thank them for making their marriage possible.

Stefan

December 23rd, 2013

The Tenth Circuit has 9 Democratic appointments vs. 11 Republican ones, so it’s not terribly conservative.

Hyhybt

December 23rd, 2013

Of course they’ll change their tunes on those assessments the moment they hear of a ruling they happen to disagree with.

Timothy Kincaid

December 23rd, 2013

Stefan,

One of the fascinating things we have learned in recent years is that the political party of the appointing President – or even of the judge him or herself – is not a predictor of the ruling when it comes to marriage equality. I’d have to review to be certain, but I believe that the majority of pro-gay rulings in recent years have been from Republican judges or, at least, Republican-appointed judges.

This isn’t to say Democrats are in any way anti-gay, we may just have not been in front of as many.

I used to be worried when I learned that a judge hearing a gay rights case was Republican or an appointee of, say, Dubya. I no longer do so.

Mark

December 23rd, 2013

I’m not aware of any W. appointees issuing pro-gay rulings. It’s quite true that the majority of good federal rulings have come from Republican-appointed judges–but Nixon, Reagan, or Bush I.

The other problem with the 10th circuit is that even its Democratic appointees tend to be conservative, since they have to be cleared by conservative state parties. It’s better on gay rights than the 5th or 8th Circuits, but not by much.

(This denial of a stay was on a hyper-technical issue–whether the state can obtain a stay without following normal procedures.)

Hunter

December 23rd, 2013

Timothy Kincaid: case in point: Vaughn Walker. Appointed by Bush I, not notoriously liberal in his decisions.

As for the state of Utah, they seem to be playing by the “conservative” handbook: rules are for other people.

I’m wondering if the 10th Circuit might follow in the steps of the 9th in Perry: not overturn the decision, but try to limit it. Shelby’s decision is pretty thorough and closely reasoned, as was Walker’s, and addresses substantial federal constitutional issues. That doesn’t mean the Circuit Court will accept it in toto.

Hyhybt

December 24th, 2013

“I used to be worried when I learned that a judge hearing a gay rights case was Republican or an appointee of, say, Dubya. I no longer do so.”—Still, I’m glad that apparently it’s Sotomayor, rather than, say, Scalia, who gets to decide on the stay.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

FBI Reports Massive Surge In Anti-Muslim Hate Crimes in 2015

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.