Sunday, December 22, 2013

As "Utah’s same-sex marriage ban falls," we hope for a Hoosier sequel.

It really couldn't happen to a better state, home to one of the classic ales in the craft beer pantheon, Polygamy Porter.

Wait; it could.

It needs to happen to Indiana. At NPR, we learn that Utah's governor has "condemned the ruling as judicial activism that overrides the will of the people."

Just like back in olden times, when the "will" of the South's inhabitants favored slavery, and this certain war had to be fought ...


Utah’s same-sex marriage ban falls, Lyle Denniston (SCOTUSblog)

Directly applying the Supreme Court’s decision striking down the federal Defense of Marriage Act to a state’s ban on same-sex marriage, a federal judge in Salt Lake City ruled Friday that Utah’s voter-approved state constitutional amendment violates the federal Constitution.

“The Constitution protects the choice of one’s partner for all citizens, regardless of their sexual identity,” U.S. District Judge Robert J. Shelby ruled in a fifty-three-page opinion. He was the second federal judge to nullify a ban imposed by a state’s voters at the ballot box; the first such ruling nullified California’s “Proposition 8″ — a ruling that the Supreme Court left intact in June but without a direct ruling on it.

If Judge Shelby’s ruling withstands an appeal, it would make Utah the eighteenth state where same-sex marriages are allowed, and the seventh in which equal marriage rights were established by a court ruling.

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