Bailey Comment: This is the answer to the question about why voter turnout in all elections are so low! Because it doesn't matter if the majority votes against something, the poor little mistreated minority always wins it anyway.
A federal judge on Monday blocked a request by Utah officials to halt
same-sex weddings, allowing gay marriage to continue in the
conservative state following a surprise court decision last week.
Judge Robert J. Shelby, who blocked the request on Monday, overturned
Utah's ban on same-sex marriage this past Friday. In a decision Utah
officials claim has caused chaos in the state, he ruled the
voter-approved measure is a violation of gay couples' constitutional
rights.
The decision sent couples flocking to county clerk offices for
marriage licenses. About 125 gay couples obtained marriage licenses
Friday in Salt Lake City, and Clerk Sherrie Swensen said her office
issued a similar number Monday morning. An estimated 100 licenses were
issued in other counties, while some county clerks shut their doors as
they awaited Shelby's decision.
The state has tried to shut the license process down, and lawyers
said they would now ask a higher court to put gay marriage on hold.
"I want all Utahns to understand I am committed to advancing this
issue through the judicial system as we work toward a clear and
understandable resolution," Republican Gov. Gary R. Herbert said in a
statement. "I recognize that this is a highly emotional issue with
people of goodwill on both sides of the debate. I encourage everyone to
remain respectful of one another and of the legal process."
Brian Brown, president of the National Organization for Marriage, urged the 10th Circuit Court of Appeals to stay the decision.
"It is patently wrong and unjust that the people of Utah should lose
their right to define marriage because of the ruling of a single Obama
appointee to the federal bench," Brown said in a statement. "This
decision provokes a constitutional crisis."
Shelby's decision last week has drawn national attention given Utah's
reputation as one of the most conservative states in the country. It is
also the location for the Mormon church. The gay weddings in Salt Lake
City have been taking place about 3 miles from church headquarters.
For now, Utah has joined the likes of California and New York to become the 18th state where same-sex couples can legally wed.
Many Utah residents belong to The Church of Jesus Christ of
Latter-day Saints, and Mormons dominate the state's legal and political
circles.
The Mormon church was one of the leading forces behind California's
short-lived ban on same-sex marriage, Proposition 8, which voters
approved in 2008. The church said Friday it stands by its support for
"traditional marriage," and it hopes a higher court validates its belief
that marriage is between a man and woman.
In court Monday, Utah lawyer Philip Lott repeated the words "chaotic
situation" to describe what has been happening in Utah since clerks
started allowing gay weddings. He urged the judge to "take a more
orderly approach than the current frenzy."
"Utah should be allowed to follow its Democratically chosen definition of marriage," he said of the 2004 gay marriage ban.
Peggy Tomsic, the lawyer for the same-sex couples who brought the
case, called gay marriage the civil rights movement of this generation
and said it was the new law of the land in Utah.
"The cloud of confusion that the state talks about is only their minds," she said.
Lawyers for the state waged a legal battle on several fronts as they sought to stop the same-sex weddings.
On Sunday, a federal appeals court rejected the state's emergency
request to stay the ruling, saying it couldn't rule on a stay since
Shelby had not yet acted on the motion before him. The court quickly
rejected a second request from Utah on Monday. The state plans to ask
the court a third time to put the process on hold.
Adding to the chaos surrounding the situation is the fact that Utah
Attorney General John Swallow stepped down about a month ago amid a
scandal involving allegations of bribery and offering businessmen
protection in return for favors. The state has had an acting attorney
general ever since, and Gov. Gary Herbert appointed a replacement Monday
who will serve until a special election next year.
In Shelby's 53-page ruling, he said the constitutional amendment that
Utah voters approved violates gay and lesbian couples' rights to due
process and equal protection under the 14th Amendment. Shelby said the
state failed to show that allowing same-sex marriages would affect
opposite-sex marriages in any way.
The decision drew a swift and angry reaction from Herbert, who said
he was disappointed in an "activist federal judge attempting to override
the will of the people of Utah." The state quickly took steps to appeal
the ruling and halt the process, setting up Monday's hearing before
Shelby.
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