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View Diary: The Best Thing About the Oklahoma Marriage Decision (23 comments)

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  •  Awesome analysis (1+ / 0-)
    Recommended by:
    gizmo59

    So these district cases need to be stacked up versus Sevcik v. Sandoval, the Nevada case that was decided in the favor of the State.  Why are its conclusions different, and in light of UT and OK, are they more or less likely to stand firm in the light of District Court of Appeals?

    Minority rights should never be subject to majority vote.

    by lostboyjim on Wed Jan 15, 2014 at 05:46:53 PM PST

    •  The difference is simply that the Nevada (2+ / 0-)
      Recommended by:
      VirginiaJeff, gizmo59

      district court in 2012 found that the justifications rejected by the Oklahoma court were (1) legitimate interests, and more importantly, (2) excluding gay couples from marriage would further those interests. The court even provides us with this heaping helping of pure nonsense:

      Should [the] institution [of marriage] be expanded to include same-sex couples with the state's imprimatur, it is conceivable that a meaningful percentage of heterosexual persons would cease to value the civil institution as highly as they previously had and hence enter into it less frequently, opting for purely private ceremonies, if any, whether religious or secular, but in any case without civil sanction, because they no longer wish to be associated with the civil institution as redefined, leading to an increased percentage of out-of-wedlock children, single-parent families, difficulties in property disputes after the dissolution of what amount to common law marriages in a state where such marriages are not recognized, or other unforeseen consequences.
      911 F. Supp. 2d at 1015-16 (emphasis added).

      The Oklahoma court, on the other hand, found -- I believe correctly -- that that ridiculous parade of horribles is not, in any sense, "conceivable."
       

    •  Note also that the Nevada decision was (1+ / 0-)
      Recommended by:
      gizmo59

      pre-Windsor.

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