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10th Circuit Hears Oral Arguments in Utah Marriage Case — Appears To Lean Toward Equality

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(Denver)  The 10th Circuit Court today heard oral arguments in the Utah Amendment 3 same-sex marriage case. The judges are being asked to decide whether to uphold a lower court’s ruling which struck down Utah’s 2004 ban on same-sex marriages and civil unions. From all indications, it looks like Marriage Equality will see another court win.

Since the 2013 Supreme Court ruling in United States v. Windsor, Marriage Equality has won 9 court battles around the country (and lost zero). But the Amendment 3 case is the first time Marriage Equality has been considered on the appellate court level.

Until now, Utah’s case has almost exclusively rested on the thoroughly debunked Mark Regnerus study which claims that same-sex parents are “unfit.” But after a Michigan judge ruled that the Regnerus study was “entirely unbelievable” a few weeks ago, Utah submitted a brief to the 10th Circuit late last night walking back their reliance on Regnerus.

That walk-back landed Utah’s Attorney General in some hot water with the 10th Circuit Court, with Judge Holmes (widely considered to be the swing vote of the three-judge panel) asking whether Utah’s dropping of the study took out the entire foundation of their argument.

Holmes was extremely pointed in other areas of his questioning as well, asking that if ‘it’s true that same-sex parents are unfit, doesn’t that mean that divorced heterosexual parents are unfit as well?’ Utah’s attorneys admitted that, yes, that would make divorced parents less than ideal as well. Holmes then pressed his point, asking why Utah isn’t seeking to make divorced parenting illegal too.

At one point, Utah’s hired outside attorney Gene Schaerr actually admitted to Holmes that “Yes, children of same-sex couples would likely do better if their parents were allowed to marry.”

Utah then switched gears, highlighting how, in 2004 when Amendment 3 was first passed, it was approved by just over 60 percent of Utah voters—and that the courts should not overrule the state’s right to define marriage and the will of the people (at least, their will in 2004).This time, it was Judge Lucero who hit back, asking “Has public policy ever been allowed to overrule constitutional rights in this country?”

Lawyers for the same-sex couples, meanwhile, focused in on prior SCOTUS cases such as Loving v. Virginia, which struck down bans on interracial marriage. The attorneys argued that, like same-sex couples, the civil right for citizens to marry the person of their choice was being trampled by individual states.

Insiders at the Denver courthouse say it appeared the judges seemed to be split on their ruling, and are predicting the court will hand down a final ruling of 2 to 1 in favor of Marriage Equality, with only Judge Kelly predicted to side with Utah.

Outside the courthouse after the hearing, Derek Kitchen, one of the plaintiffs in the case who is seeking to marry his partner, said he felt “humble and proud” to be a part of the case which could pave the way for Marriage Equality everywhere. He also shared an interesting story, saying that Utah Attorney General Reyes had spoken with him before the hearing began, and had apologized to him for putting Kitchen and his partner through so much grief in the case.

Reyes confirmed the story to reporters, and said that defending Amendment 3 is “his job.” He would not say what his personal feelings about it are. However, last night he filed a suit with the Utah Supreme Court, seeking to halt all currently underway adoptions in Utah by same-sex couples (who filed their paperwork before SCOTUS put a hold on same-sex marriages in the state).

There’s no clear timeline for when the Judges will issue their ruling. But seeing as how they asked for an expedited timeline to hear the arguments, it’s possible they may issue their opinion within the next few weeks.

UPDATE: The 10th Circuit has released the audio recordings of the hearing. Listen in here.

Image via Twitter

Follow Author Eric Ethington on Twitter @EricEthington

Eric EthingtonEric Ethington has been specializing in political messaging, communications strategy, and public relations for more than a decade. Originally hailing from Salt Lake City, he now works in Boston for a social justice think tank. Eric’s writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Telegraph, and The Public Eye magazine. He’s worked as a radio host, pundit, blogger, activist and electoral campaign strategist. He also writes at NuanceStillMatters.com

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News

Trump Appears to Think Jeb Bush Was President: ‘He Got Us Into the Middle East’

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September 25, 2023

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During a rally in South Carolina on Monday, Donald Trump appeared to confuse former Florida GOP Governor Jeb Bush with his brother, former President George W. Bush, while bragging to supporters how he beat him.

Jeb Bush, who was largely considered to be the default Republican Party nominee for the 2016 presidential election when he launched his campaign, dropped out in February of 2016 after the South Carolina primary.

“When I come here, everyone thought Bush was going to win,” Trump said, before claiming he was “up by about 50 points” over Bush. “They thought Bush because Bush was supposedly a military person.”

“You know what he was…He got us into the Middle East,” Trump claimed, wrongly. “How did that work out?”

READ MORE: ‘Isn’t Glock a Good Gun?’ Trump Asks Before Saying He Is Buying One – Campaign Forced to Deny He Did

“But they also thought that Bush might win. Jeb. Remember Jeb? He used the word ‘Jeb,’ he didn’t use the word ‘Bush,’ I said, ‘You mean he’s ashamed of the last name?’ and then they immediately started using the name Bush,” Trump claimed.

The ex-president went on to continue denigrating Jeb Bush, accusing him of bringing his mother to campaign with him.

“Remember,” Trump said, “he brought his mother, his wonderful mother who’s 94 years old and it was pouring and they’re wheeling her around and it’s raining and horrible. I said, ‘Who would do that your mother, 94 years old. How desperate are you to win?”

Media Matters’ Craig Harrington, commenting on Trump’s latest gaffe, observed: “In the past two weeks, Donald Trump has:

– Warned that Joe Biden might start ‘World War 2’
– Confused his 2016 election opponent (Hillary Clinton) with former President Barack Obama
– Confused his 2016 primary opponent (Jeb Bush) with former President George W. Bush.”

Watch the video below or at this link.

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

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Fulton County Judge in Trump Case Orders Jurors’ Identities and Images Must Be Protected

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September 25, 2023

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The Fulton County Superior Court judge presiding over Georgia’s RICO, conspiracy, and election interference case against Donald Trump on Monday afternoon ordered the identities and images of all jurors and prospective jurors to remain secret, ordering they may only be referred to by a number.

“No person shall videotape, photograph, draw in a realistic or otherwise identifiable manner, or otherwise record images, statements, or conversations of jurors/prospective jurors in any manner” that would violate a Superior Court rule, Judge Scott McAfee ordered, “except that the jury foreperson’s announcement of the verdict or questions to the judge may be audio recorded.”

“Jurors or prospective jurors shall be identified by number only in court filings or in open court,” he added.

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

Judge McAfee also ordered no juror’s or prospective juror’s identity, “including names, addresses, telephone numbers, or identifying employment information” may be revealed.

MSNBC’s Katie Phang posted the order, and added: “Another important part of the Order: no responses from juror questionnaires or notes about jury selection shall be disclosed, unless permitted by the Court.”

Judge McAfee’s order comes after Donald Trump’s weekend of attacks on his former Chairman of the Joint Chiefs of Staff, General Mark Milley. Trump strongly suggested he should be executed for treason. Trump also strongly suggested he would target Comcast, NBC News, and MSNBC if he wins the 2024 presidential election.

Responding to the news, MSNBC’s Medhi Hasan observed, “We have just normalized the fact that the former president, and GOP presidential frontrunner, is basically a mob boss.”

 

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‘Isn’t Glock a Good Gun?’ Trump Asks Before Saying He Is Buying One – Campaign Forced to Deny He Did

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13 hours ago

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September 25, 2023

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During a photo shoot at a South Carolina gun shop, Donald Trump posed with and then said he wanted to buy a Glock, asking if it is “a good gun.”

Some say it might be illegal to sell a gun to anyone under criminal indictment, and if he took the gun with him that too might be illegal. It was not clear if, despite saying he would, he actually bought the firearm. The Trump campaign initially said he had, although later backtracked on its claim, and deleted the social media post saying he had.

In the photo op (video below,) Trump posed with several people, including the Republican Attorney General of South Carolina, Alan Wilson, who has held that elected position since 2011.

“Trump’s spokesman announced that Trump bought a Glock today in South Carolina. He even posted video,” wrote former Chicago Tribune editor Mark Jacob. “If Trump took the gun with him, that’s a federal crime since he’s under indictment. There’s also a law against selling a gun to someone under federal indictment like Trump.”

READ MORE: ‘Poof’: White House Mocks Stunned Fox News Host as GOP’s Impeachment Case Evaporates on Live Air

Reuters’ crime and justice reporter Brad Heath posted the federal laws that might apply, as well as Trump’s campaign spokesperson’s clip of the ex-president’s remarks, and his spokesperson saying, “President Trump purchases a @GLOCKInc in South Carolina!”

CNN analyst Stephen Gutowski, who writes about gun policy, added, “It would be a crime for him to actually buy this gun because he’s under felony indictment. Did he actually go through with this purchase?”

“People under felony indictments can’t ‘receive’ new firearms. That also means you can’t buy them,” he also wrote.

MSNBC anchor and legal contributor Katie Phang wrote, “I don’t know if he actually bought the gun. At least it didn’t happen in this video. Also, the Attorney General of South Carolina is in this video. Is he watching Trump commit a crime?”

But some pointed to a federal judge in Texas’ ruling from last year. Reuters reported, a “federal law prohibiting people under felony indictment from buying firearms is unconstitutional.”

Watch the video below or at this link.

 

 

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