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View Diary: Suprising Nobody, Utah Files Request for Stay of Marriage Equality Ruling (25 comments)

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  •  I jumped right down (9+ / 0-)

    to page 19 of the brief -- the gays cause irreparable harm section:

    The gays are not citizens of Utah argument:

    The injunction imposes certain -- not merely likely -- irreparable harm on the State and its citizens.
    First of all -- unless the AG is saying that the State is property (which is inanimate and doesn't give a shite about the gays unless they are polluters) -- the State is the citizens.  So, A+ for redundancy and proclaiming that the gays are not and cannot be citizens of Utah.

    Since I can't copy and paste and it is too long -- the next part is from Windsor re: domestic relations being virtually the province of the States.  They even italicize virtually!!!!  Does the AG's office know what that word means specifically and historically?  See, e.g. Loving.  

    Oh, wait, they did cite Loving -- well not them, but the fact that they had to add the Memorandum of Decision from the District Court in their appendix -- in which the Conclusion provides a devastating Loving argument in favor of equal rights to marriage.

    Not always a good idea to quote all the uber conservatives to Sotomayor.

    I don't know how much time Sotomayor has to rule on this Stay.  Smarter lawyers will let us know.

    " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

    by gchaucer2 on Tue Dec 31, 2013 at 03:01:30 PM PST

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