Summary judgment is appropriate if the record "shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."
"I am relying on the 10th Circuit's statement that marriage is a fundamental right. Because the Court stayed its mandate, officials in Utah will not have to implement the decision immediately. Even so, I believe the opinion is clear and it is important to act immediately. Colorado's prohibition on same sex marriage has treated our family, friends and co-workers have been treated as second class citizens for long enough. Unless a Court in Colorado or the U.S. Supreme Court tells me otherwise, I plan to begin issuing licenses." (via)
Utah claimed that the ban on same-sex marriage serves state interests in "fostering a child-centric marriage culture," ensuring that children are "raised by their biological mothers and fathers" or a married opposite-sex couple, promoting "adequate reproduction" and "accommodating religious freedom and reducing the potential for civic strife."
But all of these reasons, Lucero wrote, are based on a flawed underlying claim — that marriage and procreation are linked. This claim is evidently false, he noted, because other Utahans can marry anyone of the opposite sex, regardless of "reproductive capacity."
(* I don't know what you call yourselves! Indianaites?)
The four marriage licenses were signed by an emotional and misty-eyed Recorder of Deeds Sharon Quigley Carpenter, and four wedding ceremonies were held in Slay’s office as the smiling mayor snapped cellphone pictures of the couples. Two men who were married Wednesday have been in a committed relationship for 39 years. “It makes me proud as a citizen and as a mayor,” Slay said.
Whether or not there is any SCOTUS ruling, there are already signs gay marriage could divide Republicans in 2016. The RNC autopsy into what went wrong in 2012 explicitly called for evolution on the issue, in part to keep in step with the cultural sensitivities of young Republicans and conservatives. Meanwhile, GOP-aligned gay advocates are actively planning to encourage pro-marriage equality voices within the GOP to speak out. Freedom To Marry has launched a $1 million satellite effort spearheaded by young conservatives who hope to expunge anti-gay language from the GOP platform, to “modernize” the party.
“We’re going to encourage voices within the party who support the freedom to marry to speak up and get the party where it needs to be — in alignment with a majority of the American people, of independents, and younger Republicans,” Freedom to Marry head Evan Wolfson tells me.
Yet the party platform still opposes gay marriage. A large majority of evangelical protestants still oppose it, and Mike Huckabee has warned that GOP support for it will cause the evangelical base to “take a walk.” Meanwhile, Cruz seems to be planning to make opposition to gay marriage a part of his case that the GOP can only win in 2016 by remaining faithful to pure conservatism — or his version of it, anyway.
An intra-GOP primary dispute over it could help reinforce a dynamic Ron Brownstein has already identified, one in which cultural issues such as gay rights have “reaffirmed the GOP’s identity as the champion of the forces most resistant to the profound demographic and cultural dynamics reshaping American life — and Democrats as the voice of those who most welcome these changes.” One can even imagine a viral moment in which all the GOP candidates are asked to raise their hands if they believe marriage is only between a man and a woman. If Rob Portman doesn’t run, all the GOP candidates’ hands may promptly shoot heavenward.
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