Monday, April 28, 2014

Utah wants its Own Court to Decide Fate of Utah's Same-Sex Marriages


by Brig Bagley

28 April 2014

Since Utah officials can guess that the Federal Courts will not rule in their favor, they want to appeal to their own Supreme Court to tell them what they want to hear. Utah's Supreme Court is under the same LDS/conservative influence as Utah's AG and Governor, for which they hope would uphold the ban on same-sex marriages.

This "ask daddy because mommy said 'no' " move is just as childish as the AG's plan to revoke adoptions to same-sex parents. "We're going to get what we want, no matter what it takes. And if we can't, we'll take everything we can from you." This is the attitude that comes off from Utah officials that wish to rule over the land with their religious convictions at the helm. Acceptance of gay relationships has sky-rocketed, thanks to Mormon's illegal involvement with California's Prop. 8 in 2008. Even in Utah, every poll has shown greater approval of LGBT equality this year from 2004, even if not a majority. Give it a few years and it will  be the majority by far. 

The AG doesn't care what Utah thinks now--he claims he's only defending Utah's decision 10 years ago because it's his job. But that doesn't excuse him from ignoring more recent polls, the direction of the nation, and his inexplicable adherence to religion over politics.

The KSL comments say things like "make marriage for religion only, and call everything else civil-union", "the voice of one incompetent judge overruling the voice of the people is wrong", and "the courts are tainted with agenda driven politics." Why can't religions make the move to call their special, holy, ritual unions something else--like "sealing" or something--oh wait, they already do! Let religions like Mormons run with their sealing as they please, denying as they please. Marriage is already a secular institution. That cannot be undone. 

The purpose of a small panel of judges reviewing law was set in place exactly for the reason of banishing laws that the majority puts in place to deny rights and opportunities for minorities. One judge can overrule majority law, and should, if the majority seeks to single out a minority and deny it equal rights. Judge Shelby wasn't incompetent, he was genius and daring. He knew his career would be put on the line for doing the right thing, even if many or most people disagreed. He will likely become iconic because of his defiance against the majority opinion.

The courts aren't driven to hear any case except by the appeal of real citizens. A gay, a Mormon, a Jew, an Atheist--no matter who a person is, he/she is in the right to appeal a court when he/she believes the law was not metered correctly, or if the law is thought to be unfair. The judge's duty is to hear the case, review the law, and provide a ruling. The ruling then becomes new law. Doing his job is not part of the "gay agenda". But letting a religion govern the state is most definitely the "Mormon agenda". Why can't the LGBT citizens use the system set in place over a century ago to fight the oppressive, religious majority in Utah? Utahns can still live the Mormon life they desire, unaffected by new laws such as legal same-sex marriage. Gay families will still occur with or without Mormon approval. Do the right thing and give them the rights to have a legally protected family, just like theirs is.

If Utah uses the Utah Supreme Court to contradict the Federal Courts' rulings, there will be even more of the confusion and "strife" they say was introduced by Shelby's ruling in December. It will also be a huge blow to so many families in the state. Utah would make itself the most devious and stubborn government, at odds with the rest of the US.

No comments:

Post a Comment