Supreme Court Justice Sonia Sotomayor should ignore Utah’s request for a temporary ban on gay marriages, attorneys representing gay couples argued in a Friday morning filing.
“Forcing same-sex couples and their families to wait and hope for the best during the pendency of this appeal imposes an intolerable and dehumanizing burden that no family should have to endure,” James Magleby and Peggy Tomsic, attorneys at Magleyby and Greenwood argued in the filing.
It isn’t certain when Sotomayor will respond or if she will instead take the stay request to the full court.
One of the reasons that the State of Utah gave for seeking the stay (and one of their arguments as to why they assert they would win on appeal) is that same-sex marriage is one of them there newfangled gadgets and not “deeply rooted in the nation’s history and tradition.” Which reminds me of this paraphrase of Nathaniel Hawthorne:
Tradition sometimes brings down truth that history has let slip, but is oftener the wild babble of the time, such as was formerly spoken at the fireside and now congeals in websites.