Skip to main content

View Diary: WHOA!! Gay marriage coming to Oklahoma & Kansas SOON? (65 comments)

Comment Preferences

  •  Presumably with this precedent (0+ / 0-)

    Assuming the 10th upholds the Utah decision and the SC does not intervene, even it there are separate suits in each state, the judges in those states would be bound by the precedent of this decision (I think, not a lawyer here). So either the judge would rule similarly to the Utah decision, and the 10th would refuse any appeals (having already settled the matter) or the judge would rule for "traditional marriage," and be overturned on appeal.

    A government that denies gay men the right to bridal registry is a fascist state - Margaret Cho

    by CPT Doom on Fri Dec 27, 2013 at 07:43:17 AM PST

    [ Parent ]

    •  Summary judgment (0+ / 0-)

      I think the state would lose on summary judment.

      •  now there you are just wrong. (0+ / 0-)

        summary judgement must rule that there are
        no facts in dispute and the law is so clear, that
        no reasonable juror would rule differently.

        it's a very high bar, but once the defense raises their
        case, they won't have much.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site