Skip to main content

View Diary: Supreme Court puts Utah marriage equality on hold for now (363 comments)

Comment Preferences

  •  Might not be temporary. (4+ / 0-)

    A similar situation existed here in California after the state supreme court recognized a right to same-sex marriage.  About 18,000 same-sex couples got married in the "window period" between the supreme court's decision and the passage of Prop. 8.  In a later opinion, the supreme court decided that those marriages were valid, because they were contracted at a time when same-sex marriage was legal in California.  

    So it's not necessarily a given that these marriages will be "temporary," even if Judge Shelby's ruling is overturned.  It's a complicated question, to say the least.

    This only goes to show how completely incompetent Utah's lawyers were in this case.  They should have asked Shelby to stay his judgment in advance.  They could have made that request before the case was submitted for decision and just requested that he stay the judgment pending appeal in the event he decided in favor of the plaintiffs.  I still can't figure out why they didn't do that.

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Mon Jan 06, 2014 at 09:41:00 AM PST

    [ Parent ]

    •  UT's AG office is in turmoil right now (5+ / 0-)

      The previous one got kicked out for being a crook, and the new one is a hack handpicked by the governor.

      They're so incompetent that "outside counsel" (to the tune of $2 million and counting) is actually running the show where this case is concerned.

      Visit for Minnesota news as it happens.

      by Phoenix Woman on Mon Jan 06, 2014 at 09:55:53 AM PST

      [ Parent ]

      •  That's still no excuse. (0+ / 0-)

        Most of the work in a state AG's office isn't done by the elected AG or by his/her politically appointed deputies; it's done by permanent staff attorneys.  No matter who the person at the top is, the career lawyers should have known how to handle this case.  I cannot imagine this is the first time they're ever had to defend the constitutionality of a state statute.

        I'm also baffled by the hiring of outside counsel.  I can understand hiring a Supreme Court expert to consult on the case and possibly to argue it should it reach the high court, but the Utah AG's office must litigate cases in the Tenth Circuit all the time.  They surely have experienced appellate lawyers who know that court and its procedures inside and out.  

        As for the $2 million in fees, that's the only thing I actually get about this case.  If I were going to be hired to write an appellate brief, and I was going to be given less than three weeks to do it, you'd better believe I'd demand a hefty fee.  I'd be working 16-hour days from the moment I was hired until the filing deadline.

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Mon Jan 06, 2014 at 10:06:14 AM PST

        [ Parent ]

        •  They didn't take it seriously. (0+ / 0-)

          No one thought that this case had even an outside chance of succeeding, so they didn't pre-request a stay like in the Prop 8 case. Clearly they were fools - courts are never predictable, and you should never be complacent.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site