Tag Archives: Tenth Circuit Court

Liberty Counsel: Repeal The Lemon Test

The Liberty Counsel yesterday filed an amicus brief with the Tenth Circuit Court in which they argue for the overturn of the so-called Lemon Test, an expression that arose from Lemon v Kurzman, the 1971 Supreme Court ruling which grants private citizens standing to complain when the government endorses a specific religion. From the Liberty Counsel’s press release: “Since 1971, ...

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Tenth Circuit To Kansas: Suck It

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KANSAS: Marriages Commence In Four Counties As State Continues To Fight

Marriage licenses are being issued today in a handful of the 103 Kansas counties. Judges in at least four Kansas counties were issuing marriage licenses to same-sex couples a day after the U.S. Supreme Court issued a ruling allowing them to wed. Clerks in other counties were giving applications to gay couples but requiring them to abide by the state’s ...

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SCOTUSblog On Kansas

Lyle Denniston writes at SCOTUSblog: The Court has issued a series of orders in same-sex marriage cases over the past eleven months, but the Kansas order marked the first time that members of the Court had recorded dissents. Justices Antonin Scalia and Clarence Thomas noted only that they would have granted the delay sought by the Kansas attorney general. Kansas ...

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KANSAS: Westboro Appeals To The Tenth

Like the wackadoodle Unruhs, Westboro Baptist Church has appealed to the Tenth Circuit Court after being denied permission to intervene in the Kansas marriage equality case. WBC appeals the erroneous conclusion that WBC lacks sufficient interest in these proceedings to intervene, after WBC has faithfully warned for 25 years, using every lawful means of publishing; pleading with the citizens of ...

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KANSAS: Tenth Circuit Court DENIES Stay, Same-Sex Marriages To Start On Tuesday

From the ruling: The district court granted preliminary injunctive relief to plaintiffs on November 4, enjoining defendants from enforcing or applying Kansas constitutional and statutory provisions that prohibit issuance of marriage licenses to same-sex couples. The district court then stayed its injunctive order until 5:00 p.m. on November 11. Defendants immediately appealed the preliminary injunction ruling and also filed an ...

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TODAY: Kansas Marriage Hearing

Via the Associated Press: A federal judge is to hear a lawsuit filed by the American Civil Liberties Union challenging Kansas’ ban on same-sex marriage. The hearing Friday afternoon before U.S. District Judge Daniel Crabtree in Kansas City, Kansas, is on the ACLU’s request for an order to force Kansas to allow gay marriages. The ACLU filed the lawsuit for ...

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Tweet Of The Day – Evan Wolfson

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WYOMING: GOP Gov. Matt Mead Says State Should Not Appeal Marriage Ruling

Via the Casper Star-Tribune: Republican Gov. Matt Mead said the state shouldn’t appeal the same-sex marriage ruling due from U.S. District Judge Scott W. Skavdahl. Mead spoke on the issue Thursday night during a Wyoming PBS debate in Riverton. Mead is seeking re-election Nov. 4. “The answer is no, we shouldn’t appeal the ruling,” he said. Skavdah, based in the ...

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KANSAS: Attorney General Derek Schmidt Asks Court To Block Johnson County Marriage Licenses As First Couple Weds

Kansas Attorney General Derek Schmidt today asked the state Supreme Court to block same-sex marriage licenses in Johnson County.  A lawsuit demanding that Kansas recognize out-of-state marriages was filed in December 2013, but there is presently no challenge to the Kansas ban itself. Schmidt argues that Chief District Judge Kevin Moriarty exceeded his authority when he directed the court clerk ...

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Tenth Circuit Lifts Stay On Utah Marriages

Things are happening fast, people!

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COLORADO: Tenth Circuit Holds Marriage Equality Case Until SCOTUS Rules

The Tenth Circuit Court of Appeals today put Colorado’s marriage equality case on hold until the Supreme Court rules on the issue. This appeal is abated pending further order of this court. The deadline for the appellant’s opening brief will be established when the abatement of this appeal is lifted. The parties shall notify this court within 10 days of ...

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Concerned Women To SCOTUS: Gays Are Too Powerful To Claim Discrimination

Concerned Women for America have filed an amicus brief with the Supreme Court in support of Utah’s ban on same-sex marriage. According to the brief, gay Americans are far too politically powerful to deserve the heightened level of legal scrutiny that would support claims of marriage discrimination. Amicus agrees with both the Petitioners’ and Respondents’ view of this case: this ...

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Evil Mother To SCOTUS: My Dead Son’s Husband Shouldn’t Get His Estate

Acting on behalf of a local woman, the Alabama-based Foundation For Moral Law has filed an amicus brief which urges the Supreme Court to overturn the Tenth Circuit’s strike down of Utah’s ban on same-sex marriage. According to the brief, the woman does not want her late son’s husband to be able to inherit her son’s estate. Foundation for Moral ...

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80 Utah Legislators Tell SCOTUS: Gay Marriage Will Lead To Incestuous Marriage

Eighty Utah state legislators have filed an amicus brief in which they warn the Supreme Court that upholding the Tenth Circuit’s ruling on same-sex marriage will lead to the legalization of polygamous and incestuous marriages. The Tenth Circuit did not adequately consider the consequences of its decision for Utah’s prohibitions of polygamous and incestuous marriages. If the choice of marriage ...

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COLORADO: AG Asks Tenth Circuit To Continue Stay Until SCOTUS Rules

Colorado Attorney General John Suthers yesterday asked the Tenth Circuit Court of Appeals to continue the stay on same-sex marriage in his state until the Supreme Court rules on the cases before it from Utah and Oklahoma. Although a divided panel of the Tenth Circuit has ruled that Utah’s and Oklahoma’s bans and non-recognition of same-sex marriage are unconstitutional, those ...

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COLORADO: Tenth Circuit Court Continues Stay On Same-Sex Marriages

Equality On Trial reports: The order notes that the Tenth Circuit has issued stays in other marriage cases, and says “[i]n the interest of consistency” this case will be stayed as well. A federal judge had issued a preliminary injunction against enforcement of the ban in July. The court then halted proceedings in the case, pending issuance of the mandate ...

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UTAH: State Formally Files First Appeal Of Same-Sex Marriage Overturn To SCOTUS

Via the LDS-owned Deseret News: Utah on Tuesday became the first state to ask the U.S. Supreme Court to weigh in on a law banning same-sex marriage that two lower courts have struck down. The Utah Attorney General’s Office filed the petition with the high court, saying it has a responsibility to defend the state constitution and its amendments as ...

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OKLAHOMA: Tulsa County Clerk To Appeal Marriage Ban Overturn To SCOTUS

Back in January a federal court overturned Oklahoma’s ban on same-sex marriage.  Acting on behalf of Tulsa County Clerk Sally Howe Smith, the Alliance Defending Freedom appealed that ruling to the Tenth Circuit Court, who upheld the lower court’s ruling last month. Late Friday evening the Alliance Defending Freedom announced that it was appealing the Tenth Circuit ruling to SCOTUS. ...

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COLORADO: AG Says Boulder Clerk Is Making People Lose Faith In Government

“Permitting one clerk to ignore some state laws while using the power granted by other state laws causes significant irreparable harm to the state and the public interest. Each day that one clerk continues to issue same-sex marriage licenses — and publicly declare those licenses’ validity, despite the state marriage laws and the attorney general’s statements to the contrary — ...

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