Utah Policy/KSL Insider Survey: Amendment 3 Struck Down

Now that a federal judge has struck down Utah’s ban on same-sex marriage, we asked our Political Insiders and readers what they thought the ultimate outcome of the court fight would be.

Selected anonymous comments:

“Judge Shelby’s decision will be overturned by the 10th Circuit, which will rely on the Supreme Court’s ruling overturning DOMA but leaving the definition of marriage as a state issue. Then the case will be appealed to the Supreme Court, which will have to decide if it wants to negate its earlier states rights language. My guess is that the Supreme Court will then find a compelling interest to have a national standard for marriage rather than a patchwork of state standards, and that this will be another Roe v. Wade- i.e. policy made judicially rather than legislatively and fought over in perpetuity.”

“I think same-sex marriage will soon be legal in all states. This is a significant step forward in church-state separation. Those who are religious may continue to believe that marriage is only between a man and a woman. Those who believe in equal rights for all welcome the recognition that federal and state laws pertaining to married citizens should not be defined by gender.”

“Why should we give government the responsibility to regulate marriage? Allow adults to make their own decisions and be responsible for the consequences.”

“At least I believe the decision should be upheld. This is a constitutional issue of fairness and equal treatment in a civil sense this is not about forcing religious institutions to perform marriage ceremonies that run counter to their faith’s teachings. The ruling should stand.”

“While I believe the decision will be upheld, I am shocked at the arrogance of a judge who single handedly made such a dramatic shift in state policy without making a short stay a part of the original order. That’s the definition of extreme judicial arrogance.”

“I predict that the 10th Circuit will reverse the decision but that the Supreme Court, over a screaming dissent from Chief Justice Roberts and Justices Scalia, Thomas, and Alito, will re-instate the ruling and make gay marriage the law of the land. Utah will not have played such a prominent role in legalizing actions opposed by the LDS Church since it became the final state to ratify the repeal of Prohibition.”

“Decision will be upheld but only after the state spends millions once again tilting at windmills.”

“An activist federal judge should not be able to overturn the will of the people of Utah, as expressed within the last few years.”

“Mike Lee has said that Judge Shelby is a “‘pre-eminently qualified lawyer’ who will be an ‘outstanding judge.'” Orrin Hatch, who recommended Shelby’s nomination to President Obama, has said: “Bob is a good man who has studied our laws inside and out, and he’s going to make a great addition to our District Court in Utah. He’s a hard worker who’s given his time in public service and defended the law in private practice as well. I congratulate Bob on this tremendous honor, and know he will fulfill this serious responsibility and serve his community as he has time.”

“Judge Shelby did Utah a huge favor. If his ruling stands, Utah won’t have to forever bear the stigma of being the last state to legalize gay marriage. Let some southern state deal with that. Unfortunately folks like Paul Mero and Cherilyn Eagar will use this as an opportunity to raise money for themselves. There’s money to be made in publicly obsessing about gays.”

“December 20th will go down in history as the day a Federal Judge ruled for individual rights against a state constitution that enshrined discrimination based on what made the majority uncomfortable.”

“I would like to think States rights prevail but the Constitution is so loosely interpreted and judges are legislating from the bench more and more that it wouldn’t surprise me if the ruling stands. We must choose our morals, teach our children, and not rely government to force others to live our standards. Agency is very real.”

“My personal hope is we can move on to important policy issues like education, health care, national defense,, and get away from fear issues created by political consultants to take candidates money and divide America. Let’s grow up in what passes for politics and policy in this great country.”