As a refresher, the state of Utah was sued by homosexual groups over gay marriage. The District Court Judge who heard the case found for the homosexuals and declared gay marriage legal in Utah. Nothing unusual so far.
Cases like this are presented to the District Court all the time on all sorts of issues. On high profile issues like gay marriage no matter who wins in District Court the case will be appealed to the appropriate appellate court, in this the 10th Circuit Court of Appeals. The likelihood is that the decision of the 10th Circuit will be appealed to the Supreme Court by whoever loses.
Here’s the unusual part.
The District Court Judge and then the 10th Circuit declined to issue a stay of the judge’s order pending appeal. The normal procedure on any case where a decision is going to be appealed is for the issuing judge to order a stay. The effect of not issuing a stay in this case is that hundreds of homosexuals in Utah have gotten “married”. If either the 10th Circuit or SCOTUS finds for the state those “marriages” are null and void.
The situation is so outrageous that when the 10th Circuit refused to stay the order the state of Utah went to the Supreme Court and SCOTUS voted 9-0 to stay it. Those conservative justices like Ruth Bader Ginsberg keep meddling in people’s bedroom habits. Shame on them.
Actually, the reason has nothing to do with Justice Ginsberg’s desire to check your bedroom, it has to do with the completely outrageous action by both the District Court Judge and the 10th Circuit.
Here’s an update on the situation.
What we have here is a situation where the Obama administration, who opposed same sex marriage until the President made a quick about-face in time for fund raisers before the last election, through Eric Holder and the Department of Justice is meddling in court procedure.
The whole point of this whole mess, when the judge declined to stay his order, was to make time for as many homosexuals as possible to get married. That, and the accompanying stories in the national news, would exert pressure on the 10th Circuit and SCOTUS to uphold the decision.
SCOTUS, all nine Justices, apparently took great umbrage at that.
The Obama administration, never one to let a crisis go to waste, has now jumped into the fray and declared that “State of Utah be damned, married homosexuals in Utah are ‘married’ as far as the federal government is concerned.”
There hasn’t been an administration in power in Washington for 100 years that paid much respect to the 10th Amendment to the Constitution. The Obama administration, however, has decided that it doesn’t even exist.
Kind of like the 1st, 2nd, and 4th.
Hey, who needs a Constitution when you can have an Imperial Presidency?