Decision should be appealed 'until the final buzzer,' Herbert says

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  • Furry1993 Ogden, UT
    June 29, 2014 7:24 a.m.

    @Liberty For All 7:58 a.m. June 27, 2014

    Where is the respect and tolerance for people of faith? Governor Herbert is doing the will of the lord according to gospel and doctrine. It's our precious religious liberty that is under attack here by the gay agenda.


    Respect an tolerance for people of faith is not the same thing as "people of faith" want to see happening -- allowing the imposition of religious dogma on practice on the people of the Unite States. People of faith" can still at and believe the way they want an believe. They just can't force others to follow suit. Religious liberty" is not under attack. If anything, "people of faith" re trying to deny religious liberty to those who believe differently than they do. And that's sad.

  • Liberty For All Cedar, UT
    June 27, 2014 7:58 a.m.

    Where is the respect and tolerance for people of faith? Governor Herbert is doing the will of the lord according to gospel and doctrine. It's our precious religious liberty that is under attack here by the gay agenda.

  • Bob K Davis, CA
    June 27, 2014 2:14 a.m.

    To all who want to tell the Governor to act differently:

    --- Keep holding on, it may be quite awhile before there are any Utah major State officials who are unwilling to displease the old guys who run the State's major institution.

    Totally wipe out thoughts about fairness, good, bad, pettiness versus doing right, etc.
    The entire point is that the church has no mechanism at this time to allow the majority of Gay people in Utah -- the sons and daughters of mormon families -- to be equal in status to their straight siblings.

    Therefore, a lot of people are pretending that Utah can somehow avoid following the US Constitution.

    And please forget asking what Jesus would say. We all already know.

  • Fitz Murray, UT
    June 26, 2014 12:47 p.m.

    Herbert should appeal, not for an en banc hearing, rather for a SCOTUS hearing. I don't believe the answer is set in stone for either side and that the only way to get a final answer is to take this issue to the US Supreme Court.

    At this time last year, SCOTUS handed down the Widsor case. This case was regarding a federal law (DOMA) and not state laws. Justice Kennedy wrote the 5-4 decision and struck down the federal law. In the Windsor decision, approximately 25% of Justice Kennedy's decision referenced marriage as a responsibility for the states and not the federal government. This was his basis for voting to repeal DOMA. The case the 10th Circuit just handed down is a state law (actually a state constitution amendment). To say this Utah case is open and shut is naive. There are 4 SCOTUS justices that will most likely vote one way and 4 the opposite way. Kennedy will be the swing vote; when one considers his Windsor decision and the time he spent on marriage as a state responsibility, it is possible he will back the Utah law.

  • CHS 85 Sandy, UT
    June 26, 2014 10:43 a.m.


    "Or it means that more pro-gay folks read the Tribune"

    Please explain what it means to be "pro-gay." To those of us who love our fellow man regardless of the sexual orientation, please expound on that slight. I am pro-gay, but also pro-straight. Is it somehow disingenuous to have friends who are gay and be supportive of them?

    A better question is - are you "anti-gay?"

  • CHS 85 Sandy, UT
    June 26, 2014 10:39 a.m.

    @Big Bubba

    "Go get 'em Herbert! Restore traditional marriage in Utah and save us from the tyranny of lower courts!"

    When was "traditional marriage" destroyed to the point that it has to be restored. I'm pretty sure you can still have a "traditional marriage" even if same sex marriage is legalized in Utah. I'm fairly certain when an opposite-sex couple goes to get a marriage license, it'll still be granted. Just a guess on my part, though.

  • Pagan Salt Lake City, UT
    June 26, 2014 10:30 a.m.

    'Since politicians and civil servants are elected by the majority, they will act in a way that is acceptable to the majority.'

    Ah! The 'majority' claim. I have had this discussion. A person claimed I should act 'to the will of the majority' since I moved into Utah.

    Ok. let's follow this logic.

    Christianity makes up over 60% of the majority in America. Why have any other dissenting faiths? Everyone should just simply renounce their existing faiths and just become Christian, right? Since that is the 'majority'. What you believe and your feelings are not a factor.

    I believe, by sheer numbers, the followers of Islam outnumber Christianity, world wide. As such, the 'majority' should simply renounce Christianity and convert to Islam. Because that is 'the majority' faith, in the world.

    This 7th grade logic is not so fun now, is it?

    Besides the fact that President Obama actually got Osama Bin Laden?

    Inalienable rights in America are just that. Rights.

    Or if we follow that line of thinking Mormonism would be forced for follow the 'majority' and not be allowed to practice their faith.

    If, we followed the line of thinking that a 'majority' can force itself, upon others.

  • Irony Guy Bountiful, Utah
    June 26, 2014 9:52 a.m.

    "Score is 2 to 1 . . . wait till the final buzzer." Love those down-home Utah County sports metaphors. Especially when dealing with people's most sacred, tender relationships. "Rise and Shout!"

    June 26, 2014 9:39 a.m.

    Pagan - Welcome back!!

    Since politicians and civil servants are elected by the majority, they will act in a way that is acceptable to the majority. That is the basis of our system, and why we do not appoint "kings". As your post implies, when the majority favors a certain course of action, the politicians typically and eventually align.

    Since the majority of Herbert's constituents favor traditional marriage, and are concerned about the unknown implications of SSM, he is doing the job he was elected to do. That that minority disagree is fine, but will not change the course.

    Do you really think that Pres. Obama is representing all of his consitutents, or the majority that voted for him? He has done little to represent many of my interests during his time in office.

  • stevo123 slc, ut
    June 26, 2014 9:37 a.m.

    To continue this appeal is a fool's errand, and a waste of the tax payers purse.

  • Pagan Salt Lake City, UT
    June 26, 2014 9:28 a.m.

    'Bob K - Or it means that more pro-gay folks read the Tribune, and are posting there. Today people tend to source their news from like-minded outlets. '

    I disagree

    '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.
    Fifty-three percent of Americans answered yes to the question...'

    Gov. Herbert is 'defending the laws' of the state, right?

    When are people going to acknowledge, that LGBT Americans, are also LGBT Utahns?

    Who pay their Utah taxes.

    And vote.

    It's only a question of who they should vote for.

    People who represent the totality of Utah?

    Or for those who pander to a majority, at the expense, of others who live and work in Utah?

    June 26, 2014 9:03 a.m.

    Bob K - Or it means that more pro-gay folks read the Tribune, and are posting there. Today people tend to source their news from like-minded outlets. That the LGBT are celebrating through posts on the liberal Tribune website has little correlation to anything about our Governor or AG..

    Folks -

    Governor Herbert is upholding the oath he took as governor to defend the laws of the State of Utah. He is a rare breed in today's world - A person with integrity.

    Having civil servants make decisions based on their personal political or legal opinions is dangerous. It may be a speedier way for the LGBT to get their agenda pushed through, but the implications for the future worry me.

  • raybies Layton, UT
    June 26, 2014 8:56 a.m.

    makes one wonder why there needs to be all these middle courts...

  • Bob K Davis, CA
    June 26, 2014 2:31 a.m.

    Help me, I am confused.

    Last week, I read in comments here that the SLC Tribune was irrelevant, no one read it anymore, and it should go down.

    Why is it that the Tribune article on the Court ruling has over 3100 comments, close to 150 times the comments on the DN?

    This relates to Herbert and Reyes ignoring facts, the will of reasonable people, and the old edict "What would Jesus do?" in order to cater to old conservative lds members.

  • Pagan Salt Lake City, UT
    June 26, 2014 12:26 a.m.

    'Price tag for defending Amendment 3 to reach $2 million' – By Lisa Riley Roche – Deseret News – 12/27/13

    'Study: Gay weddings could bring $15.5 million to Utah economy' - By Lindsay Whitehurst | The Salt Lake Tribune - 04-24-14

    I wonder why this comment keeps getting denied?


    Regardless, cost to Utah tax payers to keep trying to defend this pointless move against gay marriage? $2 million dollars +.

    Income projected to generate due to gay marriage in Utah? $15 million.

    It's really very simple.

    -$2 million or + $15million.

    Which is greater?

    When making debt an issue, one should not take 'moral' stances on topics that, yes, in fact do GENERATE, more debt!

    Mr. Herbert, stop wasting our tax dollars on your loosing battles.

    Or you will not have to care, about 2016. We will get someone who will put the well being of Utah, above their petty grievances.

  • Josh McCray Salk Lake City, UT
    June 26, 2014 12:13 a.m.

    It is the responsibility of our Judicial System to protect the rights of ALL American citizens under the constitution EVEN IF state legislation would limit those rights. This is a lesson learned from our past.

  • Jefferson, Thomas Bluffdale, UT
    June 25, 2014 11:10 p.m.

    Here's hoping that in my lifetime we have a governor that knows where they stand on an issue. That within the same news conference can remember whether he is for something or against it and why. The classic, wet-finger politician is growing so so tiresome. Oh how some of us long for a principled leader who knows where they stand and where they stand is RIGHT.

  • Laura Bilington Maple Valley, WA
    June 25, 2014 10:31 p.m.

    Gary Herbert is not stupid. He has advisers well versed in law and he knows the handwriting is on the wall. But he also thinks there are more anti-SSM than pro-marriage equality voters out there who will support him when he runs for re-election if he grandstands about "playing until the final buzzer".

    Notice that it's not his own money that he's spending fighting a battle he knows he'll lose.

    I don't like Chris Christie. But he--and Tom Corbett---knew when to quit. Herbert does not.

  • Stormwalker Cleveland , OH
    June 25, 2014 10:24 p.m.

    All caps?


    "judges feel fit to defy the constitution and legislate from the bench. LET THE PEOPLE DECIDE. NO WHERE does the constitution mention marriage. Marriage is not a constitutional right for same-sex couples as some claim. Stop attackin"

  • intervention slc, UT
    June 25, 2014 9:40 p.m.

    another badge of dishonor we will get to carry throughout history, it is sad that the governor seems to have not learned from loving v virginia.

  • UTAH Bill Salt Lake City, UT
    June 25, 2014 9:26 p.m.

    Our leaders will spend millions to fight this losing battle. And yet, they won't spend that same money to improve our schools or healthcare systems. Sad.

  • 4Freedom Columbus, OH
    June 25, 2014 9:25 p.m.

    Appealing is worth every penny. This is one of the issues of the ages. So much is at stake here. It is not close to a dead horse. The minority wants redefine marriage, something that was not created by government and therefore is not government's to redefine. The people of Utah and of the USA for that matter, have spoken. Yet, radical, liberal judges feel fit to defy the constitution and legislate from the bench. LET THE PEOPLE DECIDE. NO WHERE does the constitution mention marriage. Marriage is not a constitutional right for same-sex couples as some claim. Stop attacking the institution of marriage.

  • Big Bubba Herriman, UT
    June 25, 2014 9:15 p.m.

    Go get 'em Herbert! Restore traditional marriage in Utah and save us from the tyranny of lower courts!

  • one vote Salt Lake City, UT
    June 25, 2014 8:44 p.m.

    Poor sports analogy.

  • kofender Rockaway, NJ
    June 25, 2014 8:40 p.m.

    Taking this to the Supreme Court is a huge gamble, one the governor could easily lose. SCOTUS is under no obligation to grant cert to Utah. Indeed, the current Court could easily decide to let the 10th Circuit ruling stand. Then every state in the 10th would get marriage equality in one fell swoop. And considering the Windsor decision and the repeated citations by federal judges of Scalia's prediction (must infuriate him every time he's cited) about marriage equality, it's more than likely SCOTUS would decimate Amendment 3 once and for all—and Governor Herbert's name would be on the decision (the case is Kitchen v Herbert) making marriage equality the law of the land.

    As much as I think he's usually an idiot, Pennsylvania Governor Tom Corbett (he's a republican, remember) got it right. When PA lost in federal court, he decided it was a losing battle and a waste of taxpayer dollars. After making this decision, his popularity actually went up. Go figure. (BTW, parts of Pennsylvania are far more conservative than Utah. That's how Rick Santorum, the frothy mixture, was elected—one time—to the Senate.)

  • A Quaker Brooklyn, NY
    June 25, 2014 8:40 p.m.

    So, what will the good Governor say if the Supreme Court simply denies the State's petition for a writ of certiorari? Will he try to complain that it's not really final because the Court hasn't reviewed it, despite the fact that at that point it's settled law?

    Well, I do think the State should hurry up and file that petition ASAP. The sooner they do that, the sooner we find out if the Supreme Court will grant cert, or whether the Tenth Circuit's affirmation and order will be the last word on the subject.

  • The Real Maverick Orem, UT
    June 25, 2014 7:33 p.m.

    So we don't have enough money to clean our air, maintain state parks, or fund education but yet we somehow have enough money to move the prison and continue with frivolous lawsuits?


  • USU-Logan Logan, UT
    June 25, 2014 7:08 p.m.

    How much tax money does Gov Herbert have to spend to finally learn marriage equality is inevitable? Stop beating the dead horse!

  • Go Big Blue!!! Bountiful, UT
    June 25, 2014 6:51 p.m.

    I'm pretty sure that those that are complaining about appealing the case to the Supreme Court would be all for it if the appeals court had ruled the other way. This needs to be taken to the Supreme Court for final resolution.

  • Chilidog Somewhere, IL
    June 25, 2014 6:12 p.m.

    I;m surprised he is not trying to appeal the the 10th circuit "en band" he could drag out the inevitable defeat for another year.

  • Furry1993 Ogden, UT
    June 25, 2014 6:05 p.m.

    Should the Governor decide to appeal, the cost of that travesty of justice should not come from the State's budget. If he wants to "do the deed" (and try to deny Utah citizens their Constitutional rights) then get like-followers to fund it. Set up a separate fund that people can contribute to (without otherwise reducing their true tax liability) and let them bear the cost. Don't waste the State's money on it and don't make Utah's citizens pay the price of the perfidy.

  • There You Go Again Saint George, UT
    June 25, 2014 5:59 p.m.

    "...The cost of taking the case to the U.S. Supreme Court won't be a problem, Herbert said...".

    And then the Gov. admitted...

    "I don't know what the cost will be to fund that effort...".

    He doesn't know what the cost will be?

    Why is it that Republicans always have the money to fund pet projects?

    Republicans have told voters that Democrats are the only ones guilty of funding pet projects.

  • Frozen Fractals Salt Lake City, UT
    June 25, 2014 5:50 p.m.

    Funny how there's been two main arguments this week, both centering on people asking a question again and again regardless of how many times authorities say no, and almost everyone is on one side for one and the opposite for the other.

  • Robert Johnson Sunland, CA
    June 25, 2014 5:44 p.m.

    Yeah Gary, lets waste more of Utah's precious tax dollars fighting a law that is clearly unconstitutional and will be struck by the Supreme Court if it ever gets there. The USSC clearly indicated last year that it will not uphold state laws that ban marriage equality. This is why Scalia was so vitriolic in his "writing on the wall" dissent. This is just a complete waste of Utah's resources.