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

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  •  As rhonan pointed out, better than I could phrase, (0+ / 0-)

    the way that this is looked at legally, in addition to what coffeetalk is saying, is that this would create an entire class of people whose marriages will always be suspect until this case is finally resolved, which will take at least a year and probably years.  The legal system in common law systems is designed to almost automatically replace uncertainty with certainty.

    That isn't a comment on the societal and sociological aspect of this - I'm not going to understate the effect on people's lives.  Some people who want to get married will be forever denied the opportunity, due to illness, death, or any number of factors.  Inequality will continue.  And a whole lot of people probably feel like they got rammed in the stomach by an angry bull this morning.

    But at the end of the day, this is the way we all agreed to get things done, constitutionally.  I don't like the idea that equal marriage was stopped, but under the system we've got, this is pretty unexpected.  The 10th Cir.'s denial of the stay is what has me excited because their denial was a little unusual - assuming that things go the same way at the full consideration of the appellate review, I like the odds of getting a strong and well-reasoned decision out of the 10th Cir.  Nothing's certain, but... I like the odds.

    "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

    by auron renouille on Mon Jan 06, 2014 at 12:15:10 PM PST

    [ Parent ]

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