Tag: Utah

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Utah Gov. Herbert takes a shot at Pennsylania governor for not appealing same-sex marriage ruling

Perhaps feeling some pressure and wanting to assure his conservative constituents, Utah Gov. Gary Herbert took a veiled shot at Pennsylvania and Oregon’s governors for not appealing those states marriage equality rulings:

Herbert made the comments Thursday during his monthly televised news conference on KUED. The Republican governor said he’s dismayed by the suggestion that Utah should drop its defense of the 2004 voter-approved ban because public opinion and social mores are shifting.

He said seeing Oregon and Pennsylvania leaders this week decide not to appeal rulings from federal judges striking down bans there does nothing to change his thinking. He said those leaders should be “called on the carpet” for their decision.

“For elected officials, governors or attorney generals, to pick and choose what laws (they) will enforce I think is a tragedy, and is the next step to anarchy,” Herbert said. “We have an obligation as a state to defend those laws.”

Herbert, who I’m guessing is heterosexual, also had to trot out the “choice” claim on homosexuality: “What you choose to do with your sexual orientation is different in my mind than what you’re born with as far as your race. What your attraction may be is something else, but how you act upon those impulses is a choice.”

I love when straight men become experts on homosexuality and how the wires in LGBT brains work.

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Utah judge orders state to recognize same-sex couples who legally wed

According to a press release from the ACLU, a federal judge has ruled Utah must recognize the legal marriages of those same-sex couples who married after the same-sex marriage ban was struck down:

A federal judge ordered the state today to recognize the marriages of same-sex couples who were legally married in Utah after a federal court struck down a state ban, but before the U.S. Supreme Court temporarily halted additional marriages from taking place. Over 1,000 same-sex couples married in Utah during that time period. The couples are represented by American Civil Liberties Union, the ACLU of Utah, and Strindberg & Scholnick, LLC, who sought the preliminary injunction for the marriages to be recognized while their lawsuit continues.

“Our clients, like over 1,000 other same-sex couples, were legally married and those marriages cannot now be taken away from them,” said John Mejia, legal director of the ACLU of Utah. “While we await a permanent decision, we are relieved that our clients will receive the full recognition they deserve as lawfully married couples.”

Today’s preliminary injunction is not a permanent order, but it reflects the court’s determination that the plaintiffs’ are likely to prevail on their legal claims and would suffer irreparable harm if their marriages were stripped of recognition. Today’s order was given a 21-day stay to allow the state to respond.

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Oral arguments conclude in Tenth Circuit Appeals Court on same-sex marriage in Utah

Oral arguments have ended for the lawsuit taken to the Tenth Circuit Appeals Court regarding the ban on marriage equality in Utah.

FOX News reporter Ben Winslow indicates in his tweets that the three judge panel appeared split.

From the AP:

One of the judges, Carlos F. Lucero, compared the state’s argument that the ban should to the U.S. Supreme Court’s infamous Dred Scott decision that denied citizenship and constitutional protections to blacks before the Civil War. “To argue that public policy can trump a declared constitutional right would be a remarkable proposition,” Lucero said.

But Judge Paul J. Kelly Jr. suggested Utah does have the right to reaffirm what has been a centuries-long tradition of heterosexual marriage. “You are just taking the position they are wrong on this. …. We’ll just ignore what the people have decided and the Legislature has done,” Kelly said.

The swing vote in the case appears to be justice Jerome A. Holmes, who sharply challenged attorneys for both sides.

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Utah distances itself from discredited Regnerus study in advance of 10 Circuit Court marriage equality appeal

Mark Regnerus

The state of Utah filed a last minute brief yesterday with the 10th Circuit Court of Appeals in advance of oral arguments which begin today in the lawsuit over the state’s marriage equality ban.

The brief basically steps back from using the flawed and discredited study by Mark Regnerus, which has been referenced by many anti-marriage equality opponents as reason to discriminate against gay couples who wish to marry.

From the letter:

Utah files this supplemental letter in response to recent press reports and analysis of the study by Professor Mark Regnerus, which the State cited at footnotes 34 and 42 of its Opening Brief, and which addresses the debate over whether same-sex parenting produces child outcomes that are comparable to man-woman parenting.

First, we wish to emphasize the very limited relevance to this case of the comparison addressed by Professor Regnerus. As the State’s briefing makes clear, the State’s principal concern is the potential long-term impact of a redefinition of marriage on the children of heterosexual parents. The debate over man-woman versus same-sex parenting has little if any bearing on that issue, given that being raised in a same-sex household would normally not be one of the alternatives available to children of heterosexual parents.

Second, on the limited issue addressed by the Regnerus study, the State wishes to be clear about what that study (in the State’s view) does and does not establish. The Regnerus study did not examine as its sole focus the outcomes of children raised in same-sex households but, because of sample limitations inherent in the field of study at this point, examined primarily children who acknowledged having a parent who had engaged in a same-sex relationship. Thus, the Regnerus study cannot be viewed as conclusively establishing that raising a child in a same-sex household produces outcomes that are inferior to those produced by man-woman parenting arrangements.

The bolding is mine.

Regernus’ study was blasted recently in the marriage equality ruling handed down in Michigan. And while he was testifying in Michigan, his own school where he teaches issued a statement putting space between the university and Regnerus.

Here’s a brief recap going into oral arguments for the case in the 10th Circuit today.

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Utah Unites for Marriage releases two ads featuring straight allies

Utah Unites for Marriage has released new ads featuring straight allys detailing their support of marriage equality in hopes of convincing others that allowing gay and lesbian couples to marry will strengthen, not harm, the state.

William and Marge Bradshaw are family-oriented folks, who look forward to the day their children can enjoy the kind of life they’ve led — a life filled with love, family and, ultimately, marriage to a committed partner. And that includes their gay son.

In this ad, Terry Wood, a longtime television news anchor, reporter and radio personality, credits his openly gay son with changing his views on relationships and bringing him to a pro same-sex marriage position.

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Ninth Circuit Court schedules April 9th for Nevada same-sex arguments

https://twitter.com/ScottKGraham/status/443105190720192512

Nevada’s court date is just one day before Utah will see it’s same-sex marriage appeal in the Tenth Circuit on April 10th.

From Lambda Legal:

Last month Nevada Gov. Sandoval and Carson City Clerk-Recorder Alan Glover withdrew their arguments in support of the marriage ban after the Ninth Circuit’s ruling in SmithKline Beecham v. Abbott Laboratories that discriminatory classifications based upon sexual orientation must receive heightened scrutiny and should be presumed unconstitutional.

The heightened scrutiny standard is much more difficult to meet and rendered the state of Nevada’s arguments in its original brief defending the marriage ban “no longer tenable in the Ninth Circuit,” as Nevada’s Attorney General conceded in a statement released last week.

The withdrawal of the two government defendants leaves only the Coalition for the Protection of Marriage, which the U.S. District Court had allowed to intervene, defending the marriage ban.

UPDATE: Lambda Legal advises the court date has been rescheduled due to high case load in the 9th Circuit. Looking at a May or June court date at this point.

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Award-winning singer/songwriter Justin Utley’s powerful testimony to Utah legislators on LGBT equality

Watch the powerful testimony of OutMusic Award winner Justin Utley to Utah lawmakers at a meeting organized by Utah state senators Steve Urquhart (R) and Jim Dabakis (D), and attended by a group of legislators from both sides of the aisle to begin a dialogue between lawmakers and the LGBT community in search of tolerance, understanding and protected rights.

Justin spoke to the crowd about experiencing discrimination first hand when he lost his job after an employer found an email he sent about the death of his gay partner. “She (his employer) said that had they known I was gay during the interview process, they would not have hired me.”

But Justin’s view of the future for his home state remains hopeful. “There is a spoke in the wheel of this state that needs to be fixed. My hope is that together, from this moment on, we can build that bridge of understanding and we can begin to work together to build a state that we can all be proud of.”

Justin’s OutMusic Award-winning song “Stand For Something” was born from his own desire to motivate community action towards securing LGBT equality in America.

Watch his full testimony below:

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Singer/songwriter Justin Utley speaks to Utah lawmakers about LGBT discrimination

Award-winning singer/songwriter Justin Utley speaks to legislators and community members
in Salt Lake City regarding LGBT equality.

In late February, Salt Lake City hosted a meeting organized by Utah state senators Steve Urquhart (R) and Jim Dabakis (D), and attended by a group of legislators from both sides of the aisle to begin a dialogue between lawmakers and the LGBT community in search of tolerance, understanding and protected rights.

GOP Sen. Urquhart is the sponsor of SB100, an anti-discrimination bill for the state of Utah which will not be voted on this year due to an uncertain outcome regarding the appeals process currently underway regarding marriage equality.

The state’s voter-approved ban on marriage equality was ruled unconstitutional by a U.S. District Court judge in December and has since moved on to the 10th Circuit Court of Appeals.

But the point of the evening’s gathering was not about marriage but understanding LGBT lives on a personal level.

One of those sharing his own journey was openly gay singer/songwriter (and native Utahan) Justin Utley.   Justin spoke to the crowd about experiencing discrimination first hand when he lost his job after an employer found an email he sent about the death of his gay partner. “She (his employer) said that had they known I was gay during the interview process, they would not have hired me.”

But Justin’s view of the future for his home state remains hopeful. “There is a spoke in the wheel of this state that needs to be fixed. My hope is that together, from this moment on, we can build that bridge of understanding and we can begin to work together to build a state that we can all be proud of.”

You can watch Justin’s full testimony below:

Looking back on the event, Utley told The Randy Report, “It was incredible to be there and see senators and state lawmakers in Utah’s capitol with a heartfelt interest in moving forward with a LGBTQ non-discrimination bill in my home state. It was a huge step forward, and the start of something big. It was an honor to be part of the discussion.”

Justin’s OutMusic Award-winning song “Stand For Something” was born from his own desire to motivate community action towards securing LGBT equality in America.

Watch KSL TV’s report, featuring Justin Utley, below:

(source)