Courts & Law

10th Circuit Court of Appeals rejects Utah’s motion for stay of marriage equality ruling

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Posted by AzBlueMeanie:

Steve Benen reports, Appeals court allows Utah marriages to continue:

Late Friday, a federal district court ruled that Utah’s ban on same-sex marriages is unconstitutional. Judge Robert Shelby . . . did not issue a stay with his decision, which meant that on Friday afternoon, marriage equality was the law of the land in Utah – a reality that many same-sex couples were eager to quickly take advantage of.

Over the weekend, state officials sought emergency relief from the 10th Circuit Court of Appeals. That didn’t go well.

A federal appeals court on Sunday declined to stop officials in Utah from issuing marriage licenses to same-sex couples following a judge’s ruling last week that overturned the state’s ban on gay marriage.

Utah Governor Gary Herbert asked for an emergency stay to prevent marriage licenses from being issued to same-sex couples after U.S. District Judge Robert Shelby on Friday ruled the ban unconstitutional.

In this case, state officials basically tried to move things along more quickly – they went to the 10th Circuit over the weekend so they wouldn’t have to wait until this morning to try again with Judge Shelby. The 10th Circuit effectively told the state that there was no actual emergency so there’s no reason to short circuit the normal procedure.

Marriage Equality breaks out in Utah

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Posted by AzBlueMeanie:

EqualI was not expecting a decision in this case until next year, but apparenty the judge felt the law and the evidence were so compelling, why wait. U.S. District Court Judge Robert J. Shelby struck down Utah’s ban on same-sex marriage, saying the U.S. Constitution offers the same equal protection and due process rights to same-sex individuals to marry the person of their choice that it gives heterosexual individuals. Federal judge strikes down Utah ban on same-sex marriage:

"The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason," wrote U.S. District Judge Robert J. Shelby in his 53-page decision (Scribd). "Accordingly, the court finds that these laws are unconstitutional."

In the ruling, Shelby enjoined the state from enforcing two different statutes that ban same-sex marriage as well as Amendment 3 to the state’s constitution, approved by Utah voters in 2004.

As news of the ruling broke, hundreds of people descended on county clerk offices around the state to request marriage licenses. At the Salt Lake County Clerk’s Office, a First Baptist pastor was on hand to conduct wedding ceremonies. Michael Ferguson, 32, and Seth Anderson, 31 were the first same-sex couple to receive a license there and be married.

Hours later, the Utah attorney general’s office appealed the decision to the 10th Circuit Court of Appeals in Denver and also filed a motion asking Shelby to stay the ruling while it seeks to defend Utah’s Amendment 3.

New Mexico Supreme Court rules in favor of marriage equality

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Posted by AzBlueMeanie:

The Albuquerque Journal reports, NM Supreme Court affirms same-sex marriage rights:

EqualThe New Mexico Supreme Court on Thursday ruled in favor of same-sex couples, granting them all the same rights of marriage enjoyed by heterosexual couples.

The court’s 31-page opinion states, in part, that: “All rights, protections, and responsibilities that result from the marital relationship shall apply equally to both same-gender and opposite-gender married couples.”

New Mexico joins 16 other states, the District of Columbia, and several Native American tribes in recognizing same-sex unions.

Justice Edward Chavez, who authored the unanimous opinion, rejected arguments made during an October hearing by opponents of same-sex marriage.

“Procreation has never been a condition of marriage under New Mexico law, as evidenced by the fact that the aged, the infertile, and those who choose not to have children are not precluded from marrying,” Chavez wrote in his opinion.

Yes, the GOP is responsible for denying millions of Americans access to health care under the ‘Medicaid Gap’

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Posted by AzBlueMeanie:

The Rush Limbaugh of the Republic, GOPropagandist hack Doug MacEachern, has his panties all in a bunch about an AP (All Propaganda) report in which the reporter, David Lieb, dared to stray from the GOP narrative that the AP usually provides by actually reporting the truth: ObamaCare is fairing considerably worse in Red States run by Republicans. Newsy report finds Republicans cause of Obamacare woes.

I don't know what alternate reality this hack lives in, but perhaps he hasn't noticed that damn near the entire GOP caucus of the Arizona legislature is in court right now trying to prevent thousands of Arizonans from gaining access to expanded Medicaid (AHCCCS). He could have read about it in the pages of the Republic. Medicaid battle heads to court.

Since this hack only trolls the conservative media entertainment complex for his material, he likely ignored this New York Times report from October about Red State sabotage of the expanded Medicaid provisions of ObamaCare, which has resulted in a GOP-created "Medicaid gap," denying millions of Americans access to health care under "ObamaCare." Millions of Poor Are Left Uncovered by Health Law:

A sweeping national effort to extend health coverage to millions of Americans will leave out two-thirds of the poor blacks and single mothers and more than half of the low-wage workers who do not have insurance, the very kinds of people that the program was intended to help, according to an analysis of census data by The New York Times.

Because they live in states largely controlled by Republicans that have declined to participate in a vast expansion of Medicaid, the medical insurance program for the poor, they are among the eight million Americans who are impoverished, uninsured and ineligible for help. The federal government will pay for the expansion through 2016 and no less than 90 percent of costs in later years.

The ‘Kochtopus’ Death Star kills Citizens Clean Elections

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Posted by AzBlueMeanie:

DeathStarI have to admit that I was surprised by how quickly the Arizona Supreme Court entered its order setting aside the injunction of the Court of Appeals and agreed with the arguments of the "Kochtopus" Death Star, the Goldwater Institute, on higher campaign finance limits. It's as if there was no deliberation at all and the minds of the Justices were already made up before oral argument. That does not look good for appearance sake.

With its order allowing the higher campaign finance limits to go into effect, State Supreme Court lifts campaign finance limits, the Arizona Supreme Court has effectively ruled on the case despite the fact that a trial on the merits is pending before Superior Court Judge Mark Brain in the Maricopa County Superior Court. I am not sure what purpose would be served by proceeding with this litigation, other than to allow the "Kochtopus" Death Star to make its argument that there should be no campaign finance limits at all because "money=speech," under its gross distortion of the First Amendment.