Motley Moose – Archive

Since 2008 – Progress Through Politics

Congratulations New Mexico and … uhhh … Utah!!

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New Mexico’s highest court ruled on Thursday that the state must allow same-sex couples to marry.

“We conclude that the purpose of New Mexico marriage laws is to bring stability and order to the legal relationship of committed couples by defining their rights and responsibilities as to one another, their children if they choose to raise children together, and their property,” the court’s ruling read. “Prohibiting same-gender marriages is not substantially related to the government interests advanced by the parties opposing same-gender marriage or to the purposes we have identified.”

snip

The ruling, handed down by the five-judge panel, comes months after Doña Ana County Clerk Lynn Ellins (D) sparked a chain reaction bringing national attention to the state’s ambiguous marriage laws by issuing marriage licenses to same-sex couples. A number of other clerks followed suit. http://talkingpointsmemo.com/l…  

UPDATE:

A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the law violates the U.S. Constitution’s guarantees of equal protection and due process.

“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,” wrote U.S. District Court Judge Robert J. Shelby. “Accordingly, the court finds that these laws are unconstitutional.” http://www.sltrib.com/sltrib/n…


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/ 23 Comments

23 comments

  5. JanF

    And why losing in the interests of “purity” is self-destructive.

    Robert J. Shelby

    Robert James “Bob” Shelby (born March 13, 1970) is a United States District Judge for the United States District Court for the District of Utah.

    On November 30, 2011, President Obama nominated Robert J. Shelby to be District Judge for the United States District Court for the District of Utah. He would replace Judge Tena Campbell who took senior status in 2011.

    Judge Tena Campbell was a Bill Clinton nominee and served from 1995 to 2011. She succeeded Judge Bruce Jenkins who had been a Jimmy Carter nominee. Jenkins succeeded Willis Ritter who had been appointed by Harry S. Truman.

    The 10th Circuit will hear the expected appeal. The current composition of the court:

    Circuit Judges:

    – George H. W. Bush appointees – 1

    – Clinton appointees – 2 (including chief judge)

    – George W. Bush appointees – 4

    – Obama appointees – 3

    (2 vacancies. Obama has nominated, not confirmed yet)

    Senior Judges:

    – Lyndon B. Johnson appointees – 1

    – Carter appointees – 2

    – Reagan appointees – 5

    – Clinton appointees – 1

    – G.W. Bush appointees -1

    I know that there is usually a 3 judge panel that will hear the appeal and then the full court can be asked to rule. I don’t know what is considered a full court: all the senior judges too?

    Looks like 9 Democratic appointees, 11 Republican appointees. It will be 11 and 11 when President Obama’s nominees are confirmed.

  6. JanF

    Via EqualityOnTrial.com and our friend Scottie Thomaston:

    On Monday morning at 9AM, Judge Shelby, who authored Friday’s district court decision striking down Utah’s same-sex marriage ban, will hold a hearing in his courtroom to determine whether to grant a stay. The stay request came from state defendants late Friday. The hearing notice also says that if the plaintiffs are filing a response to the request for a stay, it’s due by 5PM on Sunday, December 22. The defendants can also file a reply, but it’s due before Monday’s hearing.

    A separate request to the Tenth Circuit Court of Appeals for an emergency stay has been filed by state defendants. This stay request is only temporary: it asks the Tenth Circuit to halt same-sex marriages only until the district court decides on a more permanent stay. The plaintiffs have filed their opposition to an emergency stay at the Tenth Circuit. Their main argument is that the state failed to address the criteria for granting a stay, and since a district court hearing is scheduled for early Monday morning, there is no reason for the Tenth Circuit to involve itself in the process.

    The 10th Circuit could rule at any time but it is unlikely to do so since the District Court is hearing arguments for the stay on Monday morning.

    If the stay is denied at the appellate court level, they can appeal to the Supreme Court. The justice deciding on emergency stays for the 10th circuit is Justice Sotomayor.

  8. JanF

    Utah filing rejected

    The Tenth Circuit has just declined to grant a temporary stay (requested by the state) before tomorrow’s hearing. The appeals court said that they must deny the stay because the state’s request doesn’t address the factors for a stay. They wrote that the state can re-file, if the filing complies with the Federal Rules of Appellate Procedure and the district court’s local rules:

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