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?
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