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Governor, state attorneys say decision leaves Utah in 'chaos'

Published: Monday, Dec. 23 2013 11:20 a.m. MST

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Salt Lake City, UT

'Gallup Poll: Majority of Americans support gay marriage' - By Elizabeth Stuart - DSNews - 05/20/2011

'For the first time since Gallup started studying the issue in 1996, the polling organization found a majority of Americans favor legalizing same-sex marriage.'

'Poll: Support for gay marriage UP among Catholics' – By Jillian Rayfield – Salon – 03/08/13

“Catholic voters are leading American voters toward support for same-sex marriage,” Peter A. Brown, the assistant director of the Quinnipiac University Polling Institute, wrote in a statement.

'A Majority of Young Republicans Support Gay Marriage' - —By Tim Murphy – Mother Jones – 03/08/2013

'The short of it: Even young Republicans think conservatives are fighting a losing battle.'

The 'will of the people' has spoken.

Maybe some should start listening….

Salt Lake City, UT

More sources showing what the majority want…

'Poll: New High Of 58 Percent Support Same-Sex Marriage' – By TOM KLUDT – By Talking Points Memo – 03/18/13

'At a time when the Supreme Court prepares to take up same-sex marriage and the Republican Party determines the best approach to the issue going forward, an ABC News/Washington Post poll released Monday showed a new high-water mark in support for the right of gay and lesbian couples to tie the knot.
The poll found 58 percent of Americans now believe marriage should be legal for same-sex couples, while just 36 percent said it should be illegal.'

As for the consequence of gay marriage, lets look to MA. Ten years after they allowed gay marriage.

'TEN YEARS later, 85 Percent of Massachusetts voters say NO HARM from Marriage Equality' – 09/27/13

'Massachusetts now has the lowest divorce rate in the nation, same-sex families now enjoy full legal protections….'

You can have your opinion.

But do not fabricate the 'consequences' of gay marriage, as we all know what Jesus said about…

false witness.

Salt Lake City, UT

Woo Hoo, let the weddings continue.

Salt Lake City, UT

Unless you have traded 4 head of cattle for a spouse…

you are already in a 'non-traditional' marriage.

As for child-rearing.

"In most ways, the accumulated research shows, children of same-sex parents are not markedly different from those of heterosexual parents.
They show no increased incidence of psychiatric disorders, are just as popular at school and have just as many friends. While girls raised by lesbian mothers seem slightly more likely to have more sexual partners, and boys slightly more likely to have fewer, than those raised by heterosexual mothers, neither sex is more likely to suffer from gender confusion nor to identify themselves as gay."

'Coparent or Second-Parent Adoption by Same-Sex Parents' - POLICY STATEMENT - PEDIATRICS Vol. 109 No. 2 February 2002, pp. 339-340 - Pulished: 02/01/10


*'Pediatric Group Supports Same-Sex Marriage – Time magazine – 03/21/13

'The American Academy of Pediatrics (AAP) says it’s “in the best interests” of the children.'

There. I am not using 'God' in my claims. I am not forcing my beliefs upon anyone else. I am not vilifying opposition. So I would ask that the Deseret news finally allow this information.

Thank you.

Salt Lake, UT

If you think you can use your religion to deny other their rights then get ready for more disappointment.


I don't think this judge has even read the Constitution. There is no basis anywhere for this belief that same-sex marriage is a "fundamental right", or that it has anything whatsoever to do with "equal protection under the law" (protection against WHAT exactly? Is the government punishing people for not being married?), or that the Federal Government has any business whatsoever legislating marriage at all. Per the 10th Amendment, any such power is reserved to the states, meaning that Utah can make whatever marriage laws it wants so long as it adheres to the Full Faith and Credit clause (Article IV, Section 1) which requires it to recognize marriages performed in other states as legal in Utah even if the marriages could not be legally issued in Utah itself.

This is just another Obama-appointed activist judge legislating from the bench according to his own personal opinions instead of according to the law itself. The state should continue to appeal this ruling up to the Supreme Court where hopefully, maybe, sanity and honest jurisprudence will prevail.

Wilf 55

The new situation in Utah is world news. The Mormon church would deserve much respect in all advanced countries if it would tone down its opposition to same-sex marriage as far as it concerns non-Mormons. A church should not try to rule the lives of others. If the church wants tolerance for its programs and missionary work, it would profit by showing tolerance to others.


At the pace things are changing, I think we will see changes in LDS policy that allows gays to marry in the temple.


This was not only predictable and anti-climatic, it was right.

The handwriting is on the wall... even if the Supreme Court ever decides to hear this case, Utah will have paved and payed the way to ending the bans against same-sex marriage in all states.

Utah and Governor Herbert and religionist opponents need to get used to the fact that Shelby in Kitchen does absolutely nothing to interfere with Utah's or any church's right or ability to "to best defend traditional marriage within the borders of Utah."

And every gay person in Utah, whether married or not, will help defend traditional marriage. If it ever comes under attack.

As it is, they already support and celebrate and honor traditional marriage among family and friends and society at large.

In the end, Herbert, et.al., are not defending traditional marriage, they're defending sectarian religion and it's imposition on individual constitutional rights.

Here, UT

Thank you judge Shelby!

spring street

It is not the judge's responsibility to do the job of the lawyers.

The lawyers failed to present evidence to support their claims and they failed to ask for a stay should the court find against them.

Now that a decision has been reached, the state has failed to present any evidence for why, when same-sex marriages are already happening, there should be a stay stopping them.

The burden of proof lies on the state - and they are falling short and leaving the judge no legal option but to find against them.

Grandma 20
Allen, TX

Salt Lake City, UT

'Gallup Poll: Majority of Americans support gay marriage' - By Elizabeth Stuart - DSNews - 05/20/2011

'For the first time since Gallup started studying the issue in 1996, the polling organization found a majority of Americans favor legalizing same-sex marriage.'

I beg to differ with you. The Gallop Poll and or any other poll only polls certain areas of the U.S. -- not the whole country. And it depends on where in the country.

Jason Williams
Los Angeles, CA

The judge made the right decision is refusing to issue a stay. Same-sex couples have been discriminated against long enough by the voter-approved amendment to the Utah State Constitution. Governor Herbert claims confusion has been caused by Judge Shelby's ruling.
The confusion seems to lie with the governor's evident lack of knowledge about our constitutional form of government here in the United States. The courts have ruled that the right to marry is a fundamental right. The Equal Protection Clause of the Fourteenth Amendment guarantees equality under the law. A state constitutional amendment preventing same-sex couples from marrying is discriminatory and illegal/unconstitutional. CASE CLOSED.

Somewhere in Time, UT

I hope the state will continue to fight this. We were the first to stop ERA. I hope we can be the first to defend the will of the majority.

Big Bubba
Herriman, UT

@ Wilf 55,

As a fellow member of the LDS faith I respectfully say that "tolerance" on gay marriage is not in keeping with the teachings of the living prophet and apostles. However, you are right that the Church would likely earn more respect from people around the world if it stopped opposing gay marriage. But as we learned in Sunday school, embracing the teachings of the living prophet is not always fashionable, especially in an increasingly secular world. Choose ye this day whom ye will serve.

Tooele, UT

What a surprise that a corrupt, doctrinaire, liberal, Obama-appointed "judge" would again violate his oath of office, deny due process of law, and take pot shots at the rule of law.

Liberals daily demonstrate they can't be trusted with the common good.

South Jordan Salt Lake, UT

If Utah continues to challenge this they can probably go to a federal appeals court in Denver.But my guess it would be pointless as would The Supreme Court.This is the way it is and Utah should move on and use it's resources in other ways.One by one,all states will recognize gay marriage.

Columbia, SC

It's just a matter of time before a federal court strikes down the same kind of law here in South Carolina! The history of this country is one of the struggle for an ever-widening circle of freedom and equal opportunity. There will always be people who believe strongly in their religion or their politics to the point where they feel they can impose their views on others. But the whole point of being free is that you get to do and believe whatever you want until you reach the point where it violates my rights to exactly the same thing. No one is forcing people like Phil Robertson to get gay-married or to read a real book on US history so that he might know and understand what African-Americans went through before the civil-rights movement. But we can reasonably expect him to accord every one who disagrees with him the same rights he takes for granted himself. What is truly amazing is that marriage equality would come to Utah first! It's enough to make you sing "I believe!" right along with Elder Price!!

Salt Lake City, UT

A prominent anti-marrriage equality politician was on local radio talk show last Friday afternoon making the "optimality" argument, saying that children with married parents have the best social outcomes. I spent several hours at the SL City-County building this morning. I was struck by the number of children there, from babes in arms to toddlers to tweens.. I challenge this woman to go down there and meet with these kids and tell them, "You know, I could improve your chances of succeeding in life by supporting your parents' right to marry, but I would rather that you bear the consequences of having unmarried parents and risk suboptimal social outcomes." To me, that seems like premeditated and willful cruelty. If proponents of "traditional" marriage are going to wheel out the child welfare argument, then they need to acknowledge that they are throwing a significant number of very real children into suboptimal family situations. The state based much of its argument in the original case and the case for the stay on "responsible" procreation. These gay couples have already procreated and will continue to do so. The responsible thing for their children's wlefare is to let them marry.

Anderson Island, WA

Grandma 20:

The Washington Times/ABC poll nationwide indicates that 58% of the US population supports legal gay marriage, only 36% oppose. I realize that there might be a little wiggle room for error, but you have to admit that is a very wide spread! I challenge you to produce ANY recent nationwide poll that does not show majority support for gay marriage.

Further, polls show that only 13 states now have a majority of their population opposing legal gay marriage. And as we see from the past few days news, even that doesn't really matter anymore, because the courts are universally finding that there is no legally sustainable reason to deny equal treatment under civil marriage law to law-abiding tax-paying gay US Citizens. nor to deny the many many Christian and non-Christian churches that want to perform gay marriages the ability to do so.

And Congrats to Utah! Let the weddings continue! YAAAY!!

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