Supreme Court issues stay on Utah Gay Marriage decision

The US Supreme Court has issued a unanimous stay on the decision to allow gay marriage in Utah.

The Supremes have not waded in on the question of whether gay marriage is Constitutional, rather they’ve stayed the order from U.S. District Judge Robert J. Shelby that gave the go ahead to gay marriage in Utah.

No matter which side you’re on, this was a correct decision by the Supreme Court.

Judge Shelby, by refusing to issue his own stay in the matter until the case can be appealed to the 10th US Circuit Court, put himself in the position of creating all sorts of havoc, and effectively pressuring the 10th Circuit to uphold his decision.

The problem is that if the ruling is overturned by the 10th Circuit, or later by the Supreme Court, all those who took the judge’s ruling on good faith, applied for and were granted marriage licenses, and were married, are in for a rude awakening. Their nuptials will suddenly not be legal.

Judge Shelby effectively stuck his thumb in the eye of the 10th Circuit, and the whole judicial process, by refusing to stay his ruling. District Courts who grant controversial rulings such as this routinely stay their own rulings so the case can move through the judicial process in an orderly manner and not have the kind of negative impact this ruling could potentially have.

The Supreme Court was right in this case, and it’s good to see that the ruling was apparently unanimous. That should, hopefully, leave a mark on Judge Shelby he won’t soon be getting rid of.

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Posted by on January 7, 2014.
Filed under Culture.
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Michael Becker is a long time activist and a businessman. He's been involved in the pro-life movement since 1976 and has been counseling addicts and ministering to prison inmates since 1980.Becker is a Curmudgeon. He has decades of experience as an operations executive in turnaround situations and in mortgage banking. He blogs regularly at The Right Curmudgeon, The Minority Report, Wizbang, Unified Patriots and Joe for America. He lives in Phoenix and is almost always armed.

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  • Lawrence Westlake

    Is there even a proper analogy for gay marriage in Utah of all places? Beach volleyball in Antarctica? Ice hockey in Ecuador? That aside, regarding Judge Shelby, he’s young, relatively inexperienced overall, and he had no prior judicial experience before only recently being confirmed by Harry Reid’s Senate. Obviously he’s loopy. His clerks, too. The quintessential Obama judicial nominee. Politics has ripple effects.

    • Walter_Cronanty

      He’s a registered Republican. Both of Utah’s senators “…endorsed his nomination, with Sen. Lee describing Shelby as “pre-eminently qualified” and predicting that he would be “an outstanding judge.” Hatch highly lauded Shelby: “A man of keen intellect, Robert Shelby…has demonstrated an unwavering commitment to the law”. [Wiki]
      I doubt that he’s a “quintessential Obama judicial nominee.”
      I’ll bash Obama as being a complete disaster for our country as much as anyone, but one of our side’s main differences from the progs is intellectual honesty. Let’s keep it that way.

      • jim_m

        one of our side’s main differences from the progs is intellectual honesty.

        Here, here.

      • iwogisdead

        Well, he’s certainly an appointee in the Elena Kagan mold. I don’t care who said what about this guy, someone who has never been a judge is not “pre-eminently qualified” to be a US District Court Judge, regardless of his “keen intellect.” I haven’t read Judge Shelby’s complete decision, but it seems antithetical to the general idea that each state gets to define marriage as it wishes.

        • Walter_Cronanty

          I wasn’t commenting on the decision that Judge Shelby made, or his refusal to issue a stay – which to me is a lot worse than whatever his decision may say.

          My comment was in response to LW’s kneejerk statement that he was: “…confirmed by Harry Reid’s Senate…” and that he was a “…quintessential Obama judicial nominee.”
          Clearly, with Shelby being a Republican and supported by both of Utah’s Senators, one of whom [Mike Lee] was endorsed by the Tea Party, Judge Shelby was not as described by LW.

      • iwogisdead

        Well, he’s certainly an appointee in the Elena Kagan mold. I don’t care who said what about this guy, someone who has never been a judge is not “pre-eminently qualified” to be a US District Court Judge, regardless of his “keen intellect.” I haven’t read Judge Shelby’s complete decision, but it seems antithetical to the general idea that each state gets to define marriage as it wishes.

  • jim_m

    The ruling was written by Sonjia Sotomayor, the first “White Hispanic” Supreme Court Justice.

  • Paul Hooson

    From what I understand, traditional marriage in Utah means a marriage between a man and a woman, and another woman, and another woman, and another woman, and another woman….

  • http://www.traveLightgame.com/ ljcarolyne

    America is fast becoming Sodom and Gomorrah. . .these perverted Supremes will resort to anything against God and his Word. Wonder what Justice Roberts has been doing kinky to have Obama tell him how to vote? No telling, huh! Need we say more, for we the people to see the big picture.

  • http://www.traveLightgame.com/ ljcarolyne

    America is fast becoming Sodom and Gomorrah. . .disgraceful. These Supremes will resort to anything against God and his Word. Well it’s all on them. Justice Roberts must be either bribed or into something very kinky to have Obama tell him how to vote, huh!