Foreign Policy

This is an update to last week’s blog post about the Kitchen decision from a federal district court in Utah.

SCOTUSblog reports:

The U.S. Court of Appeals for the Tenth Circuit, finding that the state of Utah has not made its case for delaying same-sex marriages, refused on Tuesday night to block a federal judge’s order striking down a voter-approved ban on those marriages.  State officials then told news organizations in the state that they would now ask the Supreme Court to issue a delay, with a filing there likely on Thursday.

Justice Sotomayor will be the one to make the initial decision on whether to grant a stay.  Read the full story here.

UPDATE:  Justice Sotomayor granted the stay.

Last Friday, in Derek Kitchen, et al. v. Gary R. Herbert, et al., a federal judge ruled that Utah’s constitutional amendment banning state recognition of same-sex “marriage” is unconstitutional.  “The court hereby declares that Amendment 3 is unconstitutional because it denies the Plaintiffs their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution.”  The full text of the decision can be read here.

In a July blog entry, I wrote about a similar federal judicial decision out of Ohio.  The title of my blog entry, “The Other Shoe Dropped in Ohio,” was a reference to a line from Justice Scalia’s dissenting opinion in U.S. v. Windsor, the U.S. Supreme Court decision that struck down that portion of the Defense of Marriage Act that defines marriage for federal purposes.  Justice Scalia scoffed at the majority’s assurances that its decision would be limited to the federal level.  “As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe.”  By this, he meant that it was only a matter of time until a court would apply Windsor at the state level.  The Kitchen decision proved Scalia’s predictive acumen. 
The decision did indeed rely upon Windsor (“the Court’s decision in Windsor does not answer the question presented here, but its reasoning is nevertheless highly relevant . . . “).  Ironically, it cites Scalia more than any other Supreme Court Justice, adopting his argument that the Windsor majority’s reasoning necessarily compels a similar outcome at the state level.  
So the Kitchen court, in its own reasoning, progresses through a series of Supreme Court decisions, culminating with Windsor, to conclude that it is compelled to rule against the Utah amendment.  The judge would have us believe that he is not rewriting the Constitution, rather it is we who have changed:

Here, it is not the Constitution that has changed, but the knowledge of what it means to be gay or lesbian.  The court cannot ignore the fact that the Plaintiffs are able to develop a committed, intimate relationship with a person of the same sex but not with a person of the opposite sex.  The court, and the State, must adapt to this changed understanding. 

Three times the accounts, three times the fun

It seems that everyone with a blog has a tale about their failed attempt to sign up on-line for Obamacare.  My own tale is already a month old and is no different from all the others, but I’m starting to feel like there is a noticeable void in my blog without out, so here it is . . . 

Shortly before the launch of www.healthcare.gov, I visited www.healthcare.org, which appears to be a website set up by the healthcare insurance industry to promote the still-gestating government-managed scheme.  It attempted to dispel the many “myths” about ACA, and gave assurances that the skies would always be sunny atop Big Rock Candy Mountain.  
The Bag Man

I was recently in the District Court of Nowata County for a civil motion docket.  Intermixed with the civil matters were several criminal plea hearings.  One of them was for a defendant charged with possession of a controlled substance and dr…

In April, I blogged about the American Indian Cultural Center and Museum in OKC, half-built and out of money seven years after construction began. Here’s a recent AP article reporting that although the funds to resume construction have not been secured…

Syria Not Our War Graphic

R3 - Tulsa Area Meetup Logo 2011 200xTulsa R3’s

Saturday, August 31 1:30pm on the North East Corner of 101ST St. and Memorial in Tulsa OK 74133

Facebook event here >>>

Several weeks ago President Obama decided unilaterally to arm Syrian rebel forces despite the fact that many had openly pledged allegiance to al-Qaeda.

Now the President has decided, without congressional approval or oversight, to attack the Syrian regime.

The Constitution is clear. Congress is to declare war, not the President.

The situation in Syria is a delicate one. There are no clear ‘good guys’. What is clear is that if President Obama decides to attack the Syrian regime, the United States will be on the same side as al-Qaeda.

…Join us on Saturday, August 31 at 1:30pm

More details here >>>