Utah Marriage Ruling Stayed
A temporary victory for federalism.
In a somewhat surprising move, the U.S. Supreme Court issued a stay of a district court ruling striking down Utah’s traditional definition of marriage. U.S. District Judge Robert Shelby ruled on Dec. 20 that Utah’s ban on same-sex marriage violates homosexual couples’ constitutional rights. The Tenth Circuit Court refused three times to issue a stay, but Justice Sonia Sotomayor, whose jurisdiction includes the Tenth Circuit, issued the stay and referred the issue to the entire Supreme Court. This is likely more a rebuke to the appellate courts than an indication of where the Supreme Court may land, and it seems to indicate that the current federalist method of variety in marriage law amidst the states will prevail for the foreseeable future – at least until the homosexual “rights” movement makes enough headway via the courts.
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