A crack in legal unanimity for gay marriage

Jun 25, 2014 Full story: Sunherald.com 50

Justice Paul J. Kelly, Jr. was in the minority in his opinion as the two other judges on the 10th Circuit Court of Appeals panel found the U.S. Constitution protects the rights of gay couples to marry.

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Rainbow Kid

Alpharetta, GA

#1 Jun 26, 2014
There is a crack in the Liberty Bell too; but we still have Liberty

Since: Feb 10

Woodstock, Illinois

#2 Jun 26, 2014
There had to be one, but one doesn't matter. The progress for American equality continues...

Since: Jan 08

Thailand

#3 Jun 26, 2014
As Tennessee Ernie Ford used to say, "There's always a fly in the buttermilk."

Since: Mar 07

The entire US of A

#4 Jun 26, 2014
But when you read the dissent, this one's personal beliefs becomes clear.
Thats what she said

Beverly, MA

#5 Jun 26, 2014
This notion of "State's Rights" is just not a good fit where Civil Rights are concerned.

So glad that the majority of Judges understand this.

Imagine if we let States individually apply their idea of a Civil Right for their own constitutions. The future children of each state would be either at a great advantage or disadvantage depending upon which state they happen to be born.

We cannot allow individual states discriminate just because the majority who live in that state happen to be bigots with no ability to mind their own business.

Live and let live free is a concept that must be applied to all law abiding citizens regardless of race, religion, disability, sexual orientation.

If folks are having trouble with living with that, they may want to go live someplace else more conducive to their "morals" like Saudi Arabia.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#6 Jun 26, 2014
While it would be nice to have unanimous rulings from the appeals courts, that's not realistic nor actually desirable.

The quickest way to a final ruling by the SCOTUS is with conflicting rulings from the appeals courts. Since the 4th circuit is almost certain to rule in our favor as well, we'll have to wait for the 5th or 6th circuits to rule- probably around the end of the year.

Even then, the SCOTUS may just simply stay all the rulings until ALL the appeals courts have ruled, meaning they won't even consider taking a case until 2015 or 2016.

The 7th & 8th & 11th circuits still have cases at the district court level, so we won't see anything from them this year.

The long wait to the SCOTUS continues, so everyone take a deep breath and enjoy your summer.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#7 Jun 26, 2014
Rainbow Kid wrote:
There is a crack in the Liberty Bell too; but we still have Liberty
Good point !:)

“Equality First”

Since: Jan 09

St. Louis, MO

#8 Jun 26, 2014
I haven't seen anything on Topix about it, but it appears that the St. Louis Mayor has decided he's had enough of marriage discrimination in the state of Missouri. Here's the story from the St. Louis Post Dispatch if anyone is interested. I imagine "roboblogger" will probably find it in a week or two and post it here.

http://www.stltoday.com/news/local/govt-and-p...

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#9 Jun 26, 2014
RalphB wrote:
I haven't seen anything on Topix about it, but it appears that the St. Louis Mayor has decided he's had enough of marriage discrimination in the state of Missouri. Here's the story from the St. Louis Post Dispatch if anyone is interested. I imagine "roboblogger" will probably find it in a week or two and post it here.
http://www.stltoday.com/news/local/govt-and-p...
Well, I live in southern Arizona now and some of you may remember a few months ago when Governor Jan Brewer vetoed SB1062, which was a bill many saw as permitting discrimination against LGBT people.

Now the governor says it may be time to extend Arizona's anti-discrimination laws to protect LGBT people.

http://azcapitoltimes.com/news/2014/06/17/az-...

“Equality First”

Since: Jan 09

St. Louis, MO

#10 Jun 26, 2014
Fa-Foxy wrote:
<quoted text>
Well, I live in southern Arizona now and some of you may remember a few months ago when Governor Jan Brewer vetoed SB1062, which was a bill many saw as permitting discrimination against LGBT people.
Now the governor says it may be time to extend Arizona's anti-discrimination laws to protect LGBT people.
http://azcapitoltimes.com/news/2014/06/17/az-...
Seems since Topix got rid of their editors that the news is slower and slower. I have never really liked Jan Brewer, but I have to say, she's ahead of the curve on gay rights, this is within the Republican Party.

“Equality First”

Since: Jan 09

St. Louis, MO

#11 Jun 26, 2014
Last line should read "that is" not as I typed "this is".

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#12 Jun 26, 2014
RalphB wrote:
<quoted text>
Seems since Topix got rid of their editors that the news is slower and slower. I have never really liked Jan Brewer, but I have to say, she's ahead of the curve on gay rights, this is within the Republican Party.
Well,ts is a politically safe position for her to take. Her term as governor ends in about 6 months, and she cannot serve another consecutive term. And since both houses of the legislature here have Republican majorities, I doubt whether there is even a chance of the laws here being amended to include LGBT people.

However i the couple of years that I've been living here in southern Arizona, I have not read, nor heard of any discrimination against LGBT people. And our County Sheriff, Sheriff Pal Babeu, who is nationally prominent, and whom I have met, is openly gay.

“Equality First”

Since: Jan 09

St. Louis, MO

#13 Jun 26, 2014
Fa-Foxy wrote:
<quoted text>
Well,ts is a politically safe position for her to take. Her term as governor ends in about 6 months, and she cannot serve another consecutive term. And since both houses of the legislature here have Republican majorities, I doubt whether there is even a chance of the laws here being amended to include LGBT people.
However i the couple of years that I've been living here in southern Arizona, I have not read, nor heard of any discrimination against LGBT people. And our County Sheriff, Sheriff Pal Babeu, who is nationally prominent, and whom I have met, is openly gay.
So I suppose her only avenue now is to latch onto a cushy bureaucratic job somewhere. Of course it will be a well-paying, non-productive job. And as much as I don't like making personal comments, her looks would prevent her from a job on Fox News.
Frontline Fighter

Pittsburgh, PA

#14 Jun 26, 2014
Finally, a judge who is willing to stand up for what is right rather than what is politically expedient.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#15 Jun 26, 2014
RalphB wrote:
<quoted text>
So I suppose her only avenue now is to latch onto a cushy bureaucratic job somewhere. Of course it will be a well-paying, non-productive job. And as much as I don't like making personal comments, her looks would prevent her from a job on Fox News.
I doubt it. She's 70 years old, and unlike most governors and most other politicians, she's not a lawyer and has only a high school education. I assume she's just going to retire.

And I don't know if this is a record, but she is the third female governor in a row here. I can't think of any state that has had 3 consecutive female governors (17 consecutive years now). And I have not heard who will be running for her job when she retired in a few months.

I'm from New York, and the governors of New York go back continuously to the 1600's, and New York has never had a female governor ever. Which is odd because Arizona is so Republican, and New York is so Democratic, you would think it would be New York with all the female governors, and not Arizona.

“Equality for ALL”

Since: Jul 10

Massachusetts

#16 Jun 26, 2014
"We should resist the temptation to become philosopher-kings, imposing our views under the guise of constitutional interpretation of the 14th Amendment." Judge Paul J. Kelly, Jr.

So he would impose his interpretation of the 14th Amendment creating a qualifier that the 14th excludes certain citizens from the rights it guarantees.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#17 Jun 26, 2014
RalphB wrote:
I haven't seen anything on Topix about it, but it appears that the St. Louis Mayor has decided he's had enough of marriage discrimination in the state of Missouri. Here's the story from the St. Louis Post Dispatch if anyone is interested. I imagine "roboblogger" will probably find it in a week or two and post it here.
http://www.stltoday.com/news/local/govt-and-p...
I read that as well. Seems they're setting up a direct challenge to Missouri's ban. Every new case helps pave the way for nationwide equality; it will just take time.
Mitts Gold Plated Taliban

Philadelphia, PA

#18 Jun 26, 2014
"'We should resist the temptation to become philosopher-kings, imposing our views under the guise of constitutional interpretation of the 14th Amendment.' Judge Paul J. Kelly, Jr."

So he's calling for the many federal rulings on equal protection with respect to gender or race or religion to be repealed or overturned?

It's just about anti lgbt bias, not any (anti) philosophizing regarding equal protection imposed on states by federal courts..
Mitts Gold Plated Taliban

Philadelphia, PA

#19 Jun 26, 2014
If this crack were any bigger we could stick a dike [sic] in it.

Oh gosh, I seem to have gone Gary Oldman this morning....

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#20 Jun 26, 2014
DaveinMass wrote:
"We should resist the temptation to become philosopher-kings, imposing our views under the guise of constitutional interpretation of the 14th Amendment." Judge Paul J. Kelly, Jr.
So he would impose his interpretation of the 14th Amendment creating a qualifier that the 14th excludes certain citizens from the rights it guarantees.
I think your assessment is correct. Fortunately, his opinion seems to be in the minority, both among jurists, and the lay population.

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