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Thread: Federal Judge says Utah's amendment 3 violates US constitution

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    Default Federal Judge says Utah's amendment 3 violates US constitution

    Utah's amendment 3 to the states constitution has been found unconstitutional by a federal judge. Here is the complete text of amendment 3.

    1. Marriage consists only of the legal union between a man and a woman.
    2. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
    One couple that challened Utah's amendment 3 was a same sex couple that had married in Iowa, but Utah refused to recognize the marriage.

    The judge says that was a violation of the equal protection afforded under the law.

    Utah *could* re pass a law not recognizing ANY marriage from a state that allows same sex marriage (in my opinion), but imagine the grief and headache that would cause.

    The Salt Lake County Attorney has advised the county clerk to begin issuing marriage licenses for same sex couples immediately.

    http://www.ksl.com/?sid=28099570&nid=148
    Last edited by snow96; December 20th, 2013 at 6:01 pm.
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    I really never thought it would happen this quickly.
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    Quote Originally Posted by RWReaganfan View Post
    Yet another example of legislating from the bench!

    How many more states will have laws on the books that judges re-wrote instead of the legislature?

    If it is unconstitutional, tell the legislature it has 60 days to correct the error or appeal.
    They have forever to pass a new law or amendment.
    "Before I go to jail I'd rather bow out gracious/
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    Quote Originally Posted by ddye View Post
    A court just disagreed with you.

    Doug
    And they will be overturned, the law clearly states

    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."



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    Quote Originally Posted by chip View Post
    There is no equal protection, states arent required to recognize another states gay marriage.
    Is there a difference in the a tual marriage license? If utah recognizes one marriage license from a state it must recognize them all. Equal protection under the law.

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    Quote Originally Posted by snow96 View Post
    Is there a difference in the a tual marriage license? If utah recognizes one marriage license from a state it must recognize them all. Equal protection under the law.

    There is no equal protection when it comes to gay marriage, the federal law is quite clear.


    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."



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    Quote Originally Posted by chip View Post
    And they will be overturned, the law clearly states

    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."
    You should email the judge and tell him he doesn't know what he's doing.

    Who is going to win the Super Bowl this year? I ask because predictions seems to be a very common occurrence for you.

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    Quote Originally Posted by chip View Post
    And they will be overturned, the law clearly states

    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."
    That same law also said:

    "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."



    Did that stay valid upon review?


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    Quote Originally Posted by ddye View Post
    You should email the judge and tell him he doesn't know what he's doing.

    Who is going to win the Super Bowl this year? I ask because predictions seems to be a very common occurrence for you.

    Doug
    Oh look at Douggie playing ignorant as if judges from lower courts dont get overturned.

    How cute.



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    Quote Originally Posted by chip View Post
    There is no equal protection when it comes to gay marriage, the federal law is quite clear.


    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."
    Wait a minute, that's from The Federal Defense of Marriage Act. Didn't SCOTUS strike that down?

    Oh look at Chippie playing ignorant about DOMA to try to win an argument.

    Doug
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    Quote Originally Posted by chip View Post
    And they will be overturned, the law clearly states

    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."
    What law is that? And judge specifically mentioned 14th amendment. I'm guessing that you will not find anyplace in the constitution that mentions it is okay to discfiminate against same sex couples.


    ETA: I see its a law the courts already struck down that you put. Don't hang your hat on that law.
    Last edited by snow96; December 20th, 2013 at 6:42 pm.

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    Utah had to put that into their constitution in order to outlaw polygamy. Theyn were forced by the feds.

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    Quote Originally Posted by WorldWatcher View Post
    That same law also said:

    "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."



    Did that stay valid upon review?


    >>>>
    Thats section 3 you quoted, its unconstitutional, the feds arent allowed to define marriage.



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    Quote Originally Posted by ddye View Post
    Every civil rights movement in American history began in the judicial system.

    One big REASON for our justice system is to judge the Constitutionality of legislation. Marbury vs. Madison ring a bell?

    Doug
    So marriage is now a civil right?

    If the court says gay marriage bans are unconstitutional, why aren't bans on polygamy unconstitutional also?
    RWReaganfan
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    Quote Originally Posted by snow96 View Post
    What law is that? And judge specifically mentioned 14th amendment. I'm guessing that you will not find anyplace in the constitution that mentions it is okay to discfiminate against same sex couples.
    The 14th very clearly says in section 5

    Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.


    Congress has done so with DOMA

    "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."



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    Quote Originally Posted by RWReaganfan View Post
    So marriage is now a civil right?

    If the court says gay marriage bans are unconstitutional, why aren't bans on polygamy unconstitutional also?
    Wow, three whole pages before polygamy got brought up this time. Wanna toss beastiality into the mix too? That'd be a Hannity Trifecta.

    Doug
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