Okay, so now it goes back to the 10th Circuit Court? I know that the 10th CC wanted a denial of stay from Judge Shelby before the CC would even look at it.
I'm currently in Colorado and I can hear this strange noise way over on the western horizon...the sound of Mormon and Fundamentalist Xtians heads exploding.
The 10th has to take the case and when they do they will most likely also issue a stay. They cannot deny an appeal that right is only reserved for the SCOTUS.
Why would they issue a stay when they already said they wouldn't? I know they were waiting to give Shelby precedence (the Mos were out of order), but when the SCOTUS has already ruled on this, why even take it on? If they have no choice, I still don't see them issuing a stay. As Shelby already ruled, there's no logical reason to. And there are also 17 other states that have set precedence so far, not to mention the SCOTUS.
To be clear I want this to go to the Supreme Court so we can once and for all establish national precedence that allows gay marriage.
The SCOTUS has not yet ruled on this item. Prop8 was dismissed because there was no standing for an appeal. They didn't rule on the ability of a state to define rights.
I think I stated above the 10th district court doesn't have the ability to refuse the appeal and it is GOP to place a stay on a decision while an appeal is outstanding.
Shelby refusal to issue a stay is based on the State of Utah not giving him a reason. The appeal is a reason but it is the 10th's stay to make not Shelby's.
This process is not secret and like it or not it is going to be a process. Let it work its way through the system.
First, the 10th is not a district court but a circuit court. Second, it can and has refused to issue a stay. Third, appealate courts often do issue stays but sometimes they do not. The question is whether the side requesting the stay has met the conditions necessary to justify a stay, often meaning that the refusal to issue the stay will cause irreparable harm. But it is certainly not the case that someone can take a groundless case to a district court (Shelby), be laughed out of court (Utah), and then demand that the circuit court take action contrary to the district court's decision. The circuit court is not forced to hear any request for a stay that any disgruntled plaintiff demands.
I think it is entirely likely that the 10th Circuit will (continue) to reject the request for a stay. Utah can then proceed to appeal the substantive issue without a stay in place. If the 10th rejects that appeal, Utah can take it to the supreme court. Meanwhile the marriages may continue.
Thanks for correcting me on the district/circuit issue, although it seemed like you were arguing seblantics when you brought that up.
All I am saying is that it is GOP to issue a stay as a result of an appeal, that no one should have expected Shelby to issue the stay, and that I would be surprised if they didn't issue a stay. (we disagree on this point) I guess we will see what the outcome will be.
Coming from the UK and watching the events unfolding in Utah, it is astonishing that political leaders like the Utah governer, is thrashing about and making disparaging and inflamatory comments about the US president and an authorised federal judge. His remarks could be seen as an attempt to inflame and incite a public reaction causing possible wider civil disorder. Again from a UK perspective, it is beyond belief that the unofficial representatives of the Mormon church are given so much licence to represent church interests in the Utah political and the judicial process. It needs investigation as it is an unhealthy situation for residents of Utah. Congratulations to all the newly weds and long may these basic human rights continue.