Utah files stay request with SCOTUS

Timothy Kincaid

December 31st, 2013

The State of Utah has now requested that the Supreme Court halt the ongoing issuance of same-sex marriage licenses that have been occurring since their ban on same-sex marriage was ruled unconstitutional by federal Judge Richard Shelby (that wascally wepublican “activist judge”).

USA Today:

In papers filed Tuesday with Justice Sonia Sotomayor, the state asked her to overturn court decisions to let the marriages go forward. Sotomayor handles emergency requests from Utah and other Rocky Mountain states. She can act by herself or get the rest of the court involved.

As the stay request was filed hours before the New Year holiday, I’m curious to see what argument they made to convince Sotomayor that the federal judges in the Tenth Circuit abused their discretion.


December 31st, 2013

Is anyone surprised that the bogus Regnerus “study” was prominently cited in the stay request?


December 31st, 2013

I really hope that Judge Sotomayor doesn’t overturn the 10th circuit’s decision. I know she tends to be more liberal, but there is always the chance that she could get the rest of the SCOTUS involved.


January 1st, 2014

Here’s the request: http://attorneygeneral.utah.gov/wp-content/uploads/sites/6/2013/12/Application-for-Stay.pdf

It rings hollow, and seems to rely as much on fantasy as legal principles. (Although the two are not always that far apart.)


January 2nd, 2014

Footnote n 12 pag 17 of the application
“A recent small body of research has suggested that there are likely to be no differences in child outcomes between children raised by married husband and wife couples and those raised by same-sex couples, but this research is based on non-random, non-representative samples with few participants (most with less 100 participants) … More recent studies, using more rigorous methodologies and with larger samples, find significant between children raised by married mothers and fathers and those raised in others family structures, including those raised by same-sex couples. Mark Regnerus … the New Family Structures Study.”

Regan DuCasse

January 2nd, 2014

That infernal Regnerus study. One could probably just take into account ALL the children in the country, removed from their parents based on documented abuse, and the criminal records of other parents, and break them down by sexual orientation.

The amount of gay adults responsible for abandoning their children so profoundly would pretty much be beyond the pale.
The study of incarcerated people that found that fatherlessness had a huge impact on the risk of addiction and incarceration, had nothing to do with two parent lesbian homes, but because of unstable straight men and women.

Richard Rush

January 2nd, 2014

Is there any legal precedent in the USA for denying marriage to anyone based upon their perceived fitness to be parents? Have there been any Regnerus-style “studies” of people-groups based on ethnicity, race, economic status, educational attainment, or religious affiliation, etc. to ascertain their fitness to be parents (compared to the assumed ideal of White Anglo-Saxon Mainline Protestants) in order to permit or deny them the right marry? Or, are gay people unique in this regard?

I’d be willing to go along with this approach as long we establish a Federal Bureau of Parental Fitness for Marriage that evaluates every citizen based on the previously mentioned categories. For example, I’m sure we can all agree that poor, uneducated, fundamentalist Christians are unfit to be parents, and should be denied the right to marry.

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