Comments about ‘Same-sex couples suing Utah for recognition of their marriages’

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Published: Tuesday, Jan. 21 2014 6:45 p.m. MST

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J. S.
Houston, TX

@rocket Science and those who blame Judge Shelby did not stay his ruling

First, Utah state attorneys should have asked judge Shelby BEFORE the ruling, that if the ruling does not favor the state, it should be stayed. That is the right way of handling. Judge Shelby did not grant stay because it was not asked in the first place. That is the first mistake state attorneys made.

Second, after gay marriage started, state attorneys should first go to Judge Shelby to request stay. But instead, they surpassed Shelby and directly asked 10th circuit, that is why 10th circuit court rejected the state for three times, because it was not properly handled on procedural grounds.

Even many lawyers in conservative corner admitted that the state attorneys made several mistakes that only freshman law student would.


@ I know it: Nothing in the Supreme Court stay addresses mcdugall's comment, therefore it is impossible to claim they disagree with him.

@ Rocket: When the initial plea for summary judgement was heard, Judge Shelby stated that he would try to have a decision quickly and he set himself a timeline of January 7, with the very clear understanding that his ruling may be issued before that date. When he was ready to issue his decision, the AG's office was notified that the decision was pending and were told when it would be issued. Yes, county clerks were available on Friday to issue licenses, because county clerks are always available on regular business Fridays to issue licenses.

Interim AG or no, the AGs office dropped the ball. It is not the role of a judge to do the job of the state or the state's lawyers.

@ Brent: A stay does not mean it is as if the ruling had never been issued - a stay means no further action can be taken on the ruling until the terms of the stay are met. A stay does not invalidate actions that were legal at the time they were performed.

Salt Lake valley, UT

As long as government controls marriage through regulation, there will be strife and arguments. Get the government out of marriage and let it focus on civil rights. Let social groups define marriage any way they want, and let people join social groups that agree with their personal views.

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