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Drunken Irishman

(34,857 posts)
Thu Jun 26, 2014, 08:39 PM Jun 2014

Help me out law smarties...

Okay, so the 10th District Court ruled Utah's ban on gay marriage couldn't stand. Woohoo! Go Utah! However, they also issued a stay pending an appeal to the Supreme Court. How long does that stay last - until the Supreme Court makes its decision (or declining to even take it up) or before that?

I ask because if the stay is tied to the Supreme Court decision, we're looking at at least a year before marriages can be performed again here (and other places), right?

That would be disappointing, even though I suspect the Supreme Court would rule against Utah. But that's a long wait. Or am I missing something? Is the stay only temporary?

7 replies = new reply since forum marked as read
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Help me out law smarties... (Original Post) Drunken Irishman Jun 2014 OP
My guess is that they won't take it up Warpy Jun 2014 #1
If they don't take it up, though, that automatically means the 10th District's decision remains, no? Drunken Irishman Jun 2014 #2
That's exactly it Warpy Jun 2014 #3
Yes if Supremes don't take it up, elleng Jun 2014 #4
I think this one is going to have to wait for the SCOTUS to either Raine1967 Jun 2014 #5
If they take it up, they'll rule against Utah... Drunken Irishman Jun 2014 #6
Wow, did I misread that. surrealAmerican Jun 2014 #7

Warpy

(111,255 posts)
1. My guess is that they won't take it up
Thu Jun 26, 2014, 08:44 PM
Jun 2014

They'll want to preserve the right of ignorant states to oppress people the majority doesn't like for as long as possible.

 

Drunken Irishman

(34,857 posts)
2. If they don't take it up, though, that automatically means the 10th District's decision remains, no?
Thu Jun 26, 2014, 08:51 PM
Jun 2014

So, marriage equality would happen in Utah under that scenario?

Warpy

(111,255 posts)
3. That's exactly it
Thu Jun 26, 2014, 08:55 PM
Jun 2014

People will have to sue in every single jackass state out there to change marriage laws. It's a long and expensive process and they'll win, eventually. The USSC 5 would just make it quicker and cheaper if they weren't a bunch of religiously corrupt assholes.

elleng

(130,895 posts)
4. Yes if Supremes don't take it up,
Thu Jun 26, 2014, 08:57 PM
Jun 2014

decision of lower court remains.

As to stay, will remain in effect unless/until its raised by a party and is resolved before case in chief is reviewed 'upstairs.'

Raine1967

(11,589 posts)
5. I think this one is going to have to wait for the SCOTUS to either
Thu Jun 26, 2014, 09:02 PM
Jun 2014

take the case or not.

It looks like a long wait, sadly. I think this is going to be the case that goes back to the supreme court to make it legal once and for all.

I have to tell you, I don't see the SCOTUS ruling against this. Not one case since the SCOTUS decision about DOMA has been negative. not in the end… Every federal court has decided that marriage equality is the law of the land. States are the ones fighting this, and states are losing.

 

Drunken Irishman

(34,857 posts)
6. If they take it up, they'll rule against Utah...
Thu Jun 26, 2014, 09:53 PM
Jun 2014

But it's just a shame we have to wait a couple years on this. Don't like the stay, but understand it (somewhat).

surrealAmerican

(11,360 posts)
7. Wow, did I misread that.
Thu Jun 26, 2014, 09:57 PM
Jun 2014

I thought you had some legal gripe about candy. I was wondering why anybody would want to outlaw Smarties.

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