Same-Sex Marriage in Utah: What’s Next?

The Tenth Circuit ruled today that Utah’s ban on same-sex marriage is unconstitutional because it violates a person’s fundamental right to marriage. The court issued a stay on its ruling pending the outcome of review by the Supreme Court, if the state decides to appeal. So what are the state’s options? The state could seek en banc review, which is review by the entire Tenth Circuit court (including only active judges, not judges on “senior” status unless they were on the original 3-judge panel). There are eleven active judges on the…

Reyes at the Tenth Circuit: Why We Don’t See More Kindness in Politics

Utah Attorney General Sean Reyes went out of his way to be kind to his opponents. They took advantage of the opportunity to mock and ridicule him and his intent, even while ignoring his empathy and the tough position that defending the law requires. In the short few months since Judge Shelby flipped Utah law on its head, same-sex marriage activists have proven to have all the subtlety of a brick thrown through a window in the dead of night. Followed by drunk carousing while the occupants of the house…

Thoughts on SB100 and Amendment 3: Delayed Debate, Subordination, and Separation of Powers

UPDATE – February 10, 2014, 2:52 PM.  Daniel Burton of PubliusOnline confirmed with multiple sources at the legislature that it was not Gene Schaerr or the Attorney General’s office that instructed the legislature to put a moratorium on SB100.  This fits better with my impression of Reyes and Schaerr as smart guys and much more experience litigators than myself.  ——————– The talk of the capitol last week was the fate of SB100, Senator Urquhart’s statewide non-discrimination bill, which was tabled — ostensibly along with all other bills related to gay…