Tag: Utah

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Utah: Federal Judge state ban on marriage equality unconstitutional

A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the law violates the U.S. Constitution’s guarantees of equal protection and due process.
“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 Court Judge Robert J. Shelby. “Accordingly, the court finds that these laws are unconstitutional.”
Shelby said that while he agreed with Utah that marriage has traditionally been left to regulation by the states, such laws must comply with the Constitution.
“The issue the court must address in this case is not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution,” the judge said.

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Utah: Federal judge hears arguments in marriage equality ban

U.S. District Judge Robert J. Shelby heard arguments Wednesday from both sides of a marriage equality lawsuit, who had each asked for a summary judgment—meaning that a ruling could be made without material facts.

Lawyers from the Utah Attorney General’s Office said it’s up to citizens of the state to decide, and roughly ten years ago, voters overwhelmingly passed Amendment 3 to the Utah Constitution—codifying only heterosexual marriage.

“It is evidence of the strong commitment of the people to abide with what the traditional definition of marriage has always been,” said Assistant Attorney General Phil Lott. “The state is concerned with fostering responsible procreation and generating an environment where children will be raised by their biological mother and father.”

Judge Shelby grilled the state’s attorneys on the connection between banning same-sex marriage and the number of babies born to heterosexual couples.

“How is it by excluding same-sex couples from marrying you’re increasing procreation?” the judge asked.

Stanford Purser of the Utah Attorney General’s Office declined to answer directly, saying the issue was irrelevant in this case.

Judge Shelby indicated he hopes to have a decision by January.

(source)

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As DOMA falls, Utah state Senator proposes to longtime boyfriend

Utah State Senator Jim Dabakis

An openly gay Utah state senator didn’t just give a speech at a party celebrating two Supreme Court victories for gay rights – he took to the stage to propose to his longtime boyfriend.

Democratic state Sen. Jim Dabakis popped the question to partner Stephen Justesen Wednesday at a rainbow flag-draped rally at Salt Lake City’s Club Sound. The two met 26 years ago.

“Stephen, after all these years, will you marry me?” Dabakis said over the whoops of an approving crowd.

Dabakis, founding chair of the Utah Pride Center, became the first openly gay person to lead a state party in Utah.

He opened by saying the gay marriage issue was “very deeply, deeply personal” for him, and introduced the crowd to “a wonderful man” he met nearly three decades ago.

That’s when Dabakis pulled out a ring he said he’d purchased that day and put it on Justensen’s finger.

Justesen told the crowd Dabakis had given him a different ring years ago that he still wears, but “this is super fantastic to have another one.”

Dabakis told The Salt Lake Tribune the proposal was a spur-of-the-moment decision and a wedding date hasn’t been set.

(from KAALTV)

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Utah: Sen. Orrin Hatch thinks civil unions could preserve “traditional” marriage

Sen. Orrin Hatch of Utah wants to preserve marriage as between a man and a woman, and he says one way to do that would be to offer gay couples civil unions.

“I’ll say this, I do believe this could be solved greatly by a civil-union law that would give gay people the same rights as married people,” said Hatch, who mentioned hospital visitations and tax benefits. “I think we can solve this problem without undermining the very basis of marital law in our country.”

Hatch said he doesn’t believe people choose to be gay, but “I draw the line on traditional marriage.”

Six states offer civil unions, including Colorado and Hawaii, while nine others and the District of Columbia have legalized gay marriage. Same-sex marriage is illegal in the rest of the nation.

More at the Salt Lake Tribune

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Salt Lake Tribune endorses President Obama

From the Salt Lake Tribune:

From his embrace of the party’s radical right wing, to subsequent portrayals of himself as a moderate champion of the middle class, Romney has raised the most frequently asked question of the campaign: “Who is this guy, really, and what in the world does he truly believe?” The evidence suggests no clear answer, or at least one that would survive Romney’s next speech or sound bite. Politicians routinely tailor their words to suit an audience. Romney, though, is shameless, lavishing vastly diverse audiences with words, any words, they would trade their votes to hear.[snip]

In considering which candidate to endorse, The Salt Lake Tribune editorial board had hoped that Romney would exhibit the same talents for organization, pragmatic problem-solving and inspired leadership that he displayed here more than a decade ago. Instead, we have watched him morph into a friend of the far right, then tack toward the center with breathtaking aplomb. Through a pair of presidential debates, Romney’s domestic agenda remains bereft of detail and worthy of mistrust.

Therefore, our endorsement must go to the incumbent, a competent leader who, against tough odds, has guided the country through catastrophe and set a course that, while rocky, is pointing toward a brighter day. The president has earned a second term. Romney, in whatever guise, does not deserve a first.

(via JoeMyGod)

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Anti-gay construction sign in Provo, UT

Utah Department of Transportation spokeswoman Mindy Nelson told Gay Salt Lake that signs are maintained by contractors who have the messages approved by UDOT.

“The sign was most likely changed by one of the contractor’s employees who thought he or she was playing a prank. A very bad prank that is obviously unacceptable,” she said.

Inquires to UDOT regarding the contractor responsible for the sign, and the department’s response and investigation were not returned as of press time.

Via Huffington Post

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Utah Governor vetoes “abstinence only” sex education law

Utah’s Republican Governor Gary Herbert on Friday vetoed a controversial measure which would have banned the state’s public schools from teaching contraception as a way of preventing pregnancy and sexually transmitted diseases.

The measure, House Bill 363, would have also prohibited any instruction in regard to sexual orientation, gender identity, or any other instruction on human sexuality outside of promoting abstinence.

Had Herbert signed the bill into law, it would have been the first of its kind in the nation.
(source)

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Utah favors legal protection for LGBTQ individuals in employment, housing

A recent poll commissioned by Equality Utah — a Salt Lake-based civil rights organization focusing on equal rights and protections for LGBT Utahns and their families — found that a majority of those polled favored a statewide non-discrimination law that would make it illegal for someone to be fired from a job solely because they are LGBT.

Additionally, those same persons polled also favored a Utah-wide law that would make it illegal for someone to be evicted from housing solely because they are LGBT.
However, those polled also indicated that they did not support same-sex marriage equality nor did they approve of adoption rights for same-sex couples.

The poll was conducted by the Salt Lake City based public opinion and market research firm Dan Jones and Associates. The survey polled 801 households across the state and contained a margin of error of plus or minus 3.5 percent.

According to the firm, the poll found that nearly 80 percent of respondents believed such statewide nondiscrimination laws already existed in Utah.

The poll also revealed that 54 percent of respondents believe that being gay is probably or definitely a choice.

Of those polled:

  • 73% somewhat or strongly favor a statewide nondiscrimination law in employment
  • 73% somewhat or strongly favor a statewide nondiscrimination law in housing (More than 80% of respondents believed such laws already existed in Utah.)
  • 55% somewhat or strongly oppose gay or transgender couples becoming foster parents
  • 52% oppose gay or transgender couples adopting children to whom they have no relationship
  • 64% somewhat or strongly favor allowing legally recognized forms of partnerships, short of marriage
  • 5% somewhat or strongly oppose allowing gay and transgender couples to marry in Utah
  • 57% somewhat or strongly oppose Utah recognizing marriages of gay and transgender couples who move here
  • 54% believe that being gay is probably or definitely a choice

(via LGBTQnation)