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View Diary: Tenth Circuit becomes first federal appeals court to find constitutional right to same-sex marriage (106 comments)

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  •  The Colorado ban (14+ / 0-)

    had its first hearing last week and the judge flat out laughed at the defense arguments.  Our repub AG argued that 15 previous court rulings striking down bans were wrong and Judge Crabtree asked "They all got it wrong".   And when our AG brought up the old procreation BS the judge mentioned two over 65 year old friends getting married to shut down that argument.  

    When Judge Crabtree rules it looks like the Colorado ban is going down too.

    When was the last time anyone in DC told America the f*cking truth?

    by jaf49 on Wed Jun 25, 2014 at 10:18:49 AM PDT

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    •  Colorado is in the 10th circuit (3+ / 0-)
      Recommended by:
      jaf49, coloradorob, skrekk

      This ruling ought to cover Colorado's case as well. Does the precedent go into effect right away, or does it wait for the stay too?

      •  There's another aspect in Colorado (2+ / 0-)
        Recommended by:
        kfunk937, jaf49

        There is a movement to put the question to overturn the state constitutional ban on the ballot. There's still debate as to whether it should be on the ballot this fall or in 2016. (The last I heard the CW -- and I don't mean the TV network -- was to wait until 2016.) Of course, the way these court rulings have been going, it may be a moot point by then.
        Anyway, all the polling says that if the matter were voted on again, the ban would be repealed. The only reason we 'only' have civil unions is NOT because the legislature didn't want to pass marriage equality, but because that wasn't even an option thanks to the state constitutional restriction.

        "Free your mind and the rest will follow...."

        by midknightryder13 on Wed Jun 25, 2014 at 02:02:00 PM PDT

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      •  The precedent is instructive but not binding (1+ / 0-)
        Recommended by:
        jaf49

        until the 10th Circuit issues a mandate, which it won't due until any further appeals issues are resolved. Then it will be binding on Federal district courts, but not on state officials and (I think) not on state courts. In any case, it's unlikely that Colorado's marriage ban will ever reach a Federal court; the Colorado Supreme Court will almost certainly have the final say on the matter.

        Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

        by ebohlman on Wed Jun 25, 2014 at 04:25:17 PM PDT

        [ Parent ]

        •  A federal court ruling most certainly IS binding (1+ / 0-)
          Recommended by:
          jaf49

          on states!! The only thing which makes this not binding for the moment is that they also issued a stay while further appeals are being pursued!

          A state supreme court cannot overrule a Federal court ruling, nor can they overturn a ban which is in their state Const. Only a Federal court can truly overturn a STATE Const. ban. The state can try based on US Const. arguments but it is an automatic guaranteed appeal to Federal court to make if official.

          Bottom line is once the Federal courts lift their stay and rule (as they did) that the state marriage ban is null and void (e.g., overturned) then it is just that.

          The state has no choice but to comply with Federal court rulings.

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