It matters not how you re-word it; they’ve heard it,
Your argument stinks—that’s a matter of fact.
The judge gave to you, in this ruling, a schooling
A thorough rebuking, though written with tact.
You claimed it amounts to miscarriage of marriage
To change what such unions have meant all along;
The judge found your “think of the children!” bewilderin’
Considered your logic, pronounced it dead wrong.
What you label “logic” is tortured—the sort you’d
Expect from a kid, whom you’d then want to scold!
In your view, to give churches freedom, you need ‘em
To keep other churches more tightly controlled!
You say that gay men have the same rights you claim, rights
To marry a woman—whichever they choose!
The judge, as you’ll quickly intuit, saw through it;
Your argument’s specious, and guess what? You lose!
Majorities see what they’ve wanted confronted
When sometimes their wishes are not what they ought
The judge, in his wisdom, saw through you, and knew you
Were moved by religion and prejudiced thought
“Gay marriage” is “separate but equal: the sequel”
It’s one institution, for straight or for gay
Just “Marriage” will do—it’s a beaut! Ah, but Utah,
I love what you’ve done in this ruling today!
It’s one to bookmark. No, not this verse, the Utah Same-Sex Marriage ruling:
The court agrees with Utah that regulation of marriage has traditionally been the province of the states, and remains so today. But any regulation adopted by a state, whether related to marriage or any other interest, must comply with the Constitution of the United States. The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.
Few questions are as politically charged in the current climate. This observation is especially true where, as here, the state electorate has taken democratic action to participate in a popular referendum on this issue. It is only under exceptional circumstances that a court interferes with such action. But the legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself, and on the interpretation of that document contained in binding precedent from the Supreme Court and the Tenth Circuit Court of Appeals.
Applying the law as it is required to do, the court holds that Utah’s prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law. The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.
It’s a great read–the stories of the plaintiffs make it clear that this is no abstract fight, but a genuine problem for real and relatable people. The judge, Robert Shelby (as is his duty) considers all the state’s reasons for denying marriage to same sex couples, and not only finds them lacking, but occasionally points out that the real effects are likely to be the polar opposite of what the state claims!
I was very interested to see what the state’s arguments actually were; I’ve argued this topic for years, and have yet to find a decent argument against same-sex marriage that was not either inane, fundamentally religious (and thus moot by virtue of the first amendment) or both. Here, though, we don’t have just morons on the internet arguing, but the lawyers for the state of Utah…. and the arguments are the same as you see made by idiots on the internet. Seriously, the state argued that (for instance) gay men have the same right to marry the woman they love as any straight man does. Therefore allowing them to marry the man they love would be giving them additional rights. They really argued that.
The arguments based on the state’s responsibility to promote “responsible procreation within marriage”?
The State has presented no evidence that the number of opposite-sex couples choosing to marry each other is likely to be affected in any way by the ability of same-sex couples to marry. Indeed, it defies reason to conclude that allowing same-sex couples to marry will diminish the example that married opposite-sex couples set for their unmarried counterparts….If there is any connection between same-sex marriage and responsible procreation, the relationship is likely to be the opposite of what the State suggests. Because Amendment 3 does not currently permit same-sex couples to engage in sexual activity within a marriage, the State reinforces a norm that sexual activity may take place outside the marriage relationship.
(page 44, if you are looking)
Seriously, bookmark this ruling; when the idiots on the internet make stupid arguments, and you want the perfect rejoinder (including precedents), you’ll be glad you did.