It's Freaking Utah!

Another big Christmas gift. Though a ruling wasn't expected until next month, federal district court judge Robert Shelby has declared Utah's ban on same-sex marriage to be unconstitutional. He agreed that marriage is defined and regulated by the states, as Utah asserted (which was their way of telling the feds to butt out). But such laws still have to comply with the national constitution.

Dozens of gay couples in Utah dashed to county clerk's offices and Salt Lake City mayor Ralph Becker was available to conduct ceremonies. State Senator Jim Dabakis was one of those who quickly married his partner. The clerk's office closed at 7:00 so the line was cut off at 5:00 -- with 75 couples in it.

Shelby did not stay the ruling pending appeal. The state Governor and Attorney General have now filed the appeal with the 10th Circuit Court, but apparently did not file a stay at the same time. A commenter named Cowboy, a resident of Utah, noticed something important. The ruling was issued on a Friday afternoon before a holiday. It could be January 4th before a stay could be issued. And only someone truly hateful (alas, they exist) would want to undo all the marriages that could happen in the meantime.

One reason why filing a stay might take a while is that "Utah’s elected Attorney General John Swallow resigned last month in the wake of multiple corruption investigations." The acting AG, Brian Tarbet, wants to make sure he gets all the details right.

This little bit is so delicious! Shelby pulled Justice Antonin Scalia's dissent in last summer's Windsor case that struck down DOMA and used it against him. Scalia wrote:

In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today’s opinion . . . is that DOMA is motivated by “bare. . . desire to harm” couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.

Scalia was warning that if the Supremes strike down DOMA it will provide rationale to strike down state same-sex marriage bans, so we shouldn't strike down DOMA. Shelby said, yep, striking down DOMA provides rationale to strike down same-sex marriage bans. Thanks, Tony.

Shelby, already called an activist judge overriding the will of the people, was nominated by Utah Senator Orrin Hatch, one of the conservative Republicans.

Rachel Maddow contrasts the Uganda story with the Utah story. She also wonders if this decision is different from all the previous ones because "it's freaking Utah!" Or is it because this is the first federal ruling after last summer's Supreme ruling which shows a successful way to attack those 30 marriage protection amendments. The video is 14 minutes. She notes that the bill in Uganda and the law in Russia were driven by Fundie American anti-gay lobbyists.

Timothy Kincaid of Box Turtle Bulletin had to update his map of what states have marriage equality. He had added New Mexico just the day before. A commenter adds that not being able to keep this kind of map up-to-date is a delightful problem to have.

In this map two states stand out. One is Pennsylvania. Someone noted it is possible to take Amtrak from Washington, DC to Boston (or Portland, ME) and Philadelphia is the only stop where same-sex marriage is illegal. They're working on it. The other state is Arizona, surrounded by Calif, New Mexico, Utah with equality and Nevada and Colorado who have all the rights without the word "marriage." But don't expect a change in Arizona soon.

In related news, the GOP in New Mexico are considering a marriage protection amendment. Gov. Susana Martinez, also GOP, said efforts are better spent elsewhere, such as with education and the economy. She could have added that though New Mexico didn't have a marriage protection amendment the ruling was written as if there was one -- meaning the state Supremes have already ruled it unconstitutional.