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View Diary: Two county clerks in Boulder, Colorado, linked by same-sex marriage licenses issued 39 years apart (26 comments)

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  •  Umm. The stay was a part of the actual (5+ / 0-)

    decision, so it applies equally with the decision.  The decision does NOT invalidate the anti-gay marriage laws throughout the 10th Circuit.  It invalidates Utah's law, and constitutes precedent within the 10th Circuit for other challenges.  Those distinctions mean something within the law.  

    Anyone arguing that there's no difference between the parties is a fucking moron who can simply go to hell. -- kos

    by Its the Supreme Court Stupid on Tue Jul 08, 2014 at 12:48:36 PM PDT

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    •  The decision is precedence in the 10th (0+ / 0-)

      so it's  reasonable to assume it can be used to invalidate laws in other states that are part of the tenth.

      No War but Class War

      by AoT on Tue Jul 08, 2014 at 01:34:11 PM PDT

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    •  different party positions; different question (6+ / 0-)

      The question in the 10th Circuit decision, Kitchen v. Herbert, was whether an individual could force a government agency to do something the government agency did not want to do.

      The question in the new case, Suthers (CO atty general) v. Hall (county clerk) is a little different--it's whether one branch of government can force another branch of government to stop doing something it's not only willing to do, but is already doing.

      The first case was about whether the government agency has to start. The second case is about whether the government agency has to stop.

      This might or might not be enough of a distinction to matter. I am a lawyer, but this is not my area.

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Tue Jul 08, 2014 at 01:38:26 PM PDT

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