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View Diary: Utah Marriage Equality Update (36 comments)

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    is a report that Judge Shelby has once again refused to stay his ruling.

    The first denial was "I've ruled. You got nothin'."

    The second denial was "You need to follow the rules and we're not going do anything until you do."

    The third denial was...see the second one.

    The fourth denial is...see the first one.

    I presume that since Judge Shelby has declined to stay his ruling, the Tenth Circuit MIGHT be willing to stay his ruling ruling. IF the state can make a case. The problem for the state is that they CAN'T make a case. There are no findings of fact in question. The state suffers no irreparable harm if gay and lesbian couples continue to marry while the case makes its was through the appeals process while couples who are unable to marry DO suffer irreparable harm as long as their right to marry is denied. Pretty much all of the factors that were in play during the appeals on Prop 8, that gave the courts cover for not letting marriages proceed, are out the window now.

    The Supreme Court cannot fail to understand that all of this is the direct result of their rulings both on Prop 8 and on DOMA. I still think they're trying their damndest to keep things from proceeding quickly but perhaps they are in fact setting the stage for a more comprehensive ruling later on. We'll see.

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