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(RNS) A ruling by U.S. District Judge Arenda Wright Allen sets the stage for a possible Supreme Court showdown, though cases from Utah and Oklahoma also are headed that way.


  1. As with several other states where the Federal Court ruled in the same way, it puts the opponents of marriage equality in a bind. Although they would love to fight the ruling and appeal the matter, bringing it to the Supreme Court will destroy them on a national level.

    The last thing they want is a nationwide ruling for marriage equality on a 14th Amendment Equal Protection Under the Law basis. [Previous cases going to Federal Court on the issue were found on state law and Federalism issues]

  2. It is not the courts’ job to uphold the precise will of the majority of the people. That’s what elections are for. The job of the courts is to uphold the Constitution, regardless of whether the necessary decisions fall in line with the will of the majority. It is up to the judges to determine, without bias from the rest of the population, what constitutes equality under the law, or equal protection. It seems more than obvious to me that to exclude Gays from the institution of marriage is a clear violation of any notion of “equality,” and I have yet to see anyone dispute that on a rational level. Therefore, it is not “activism” on the part of judges to declare that Gay and Straight couples should be treated equally under the law, rather it is an example of judges performing their rightful duty.

    Laws passed by the legislative branch get struck down as unconstitutional all the time. It really doesn’t matter whether a law is popular or not. What matters is whether it conforms to the Constitution of the United States. And unless the Constitution only applies to people who are Straight (i.e. heterosexual), there is no justification for denying law-abiding, taxpaying Gay couples the same legal benefits and opportunities that Straight couples have always taken for granted.

  3. Another pit stop in America’s mad race to Divine Judgment.

    At this rate, it shouldn’t be too long to reach the finish line.