Screw the 2014 elections, the Oregon Supreme Court should be looking at Utah.

Sweet

Even the Hallmark Channel might find this plot to implausible to weave into a fell-good Christmas movie. Utah? On Christmas Eve? Maybe there is a Santa after all….

Tough shit, Seattleblues.

haha ha HA! oh, the schadenfreude!

the tears of unfathomable sadness - yummy!

Legal and constitutional scholars, relying upon jurisprudence and case study, have been expecting this as the only rational ruling this court could reach. Only mouth-breathing internet commenters who believe in a big sky fairy think there's anything constitutional about banning gay marriage.

@3 - Ha! I hadn't thought of that. It's going to make for some exciting family gatherings in Utah this Christmas. "Exciting" covering everything from joyful celebrations to fighting with your stupid cindy bigorted aunt.

@6,

By "the only rational ruling," did you mean the decision to strike down the law, or the decision to refuse to stay its decision pending appeal?

I certainly hope the appellate court upholds the district court's decision, but I could certainly see the logic in staying the order until the court of appeals has weighed in. A reversal at this point following all the marriages performed would be cruel and chaotic, but maybe the district court intended that to further pressure the court of appeals to affirm.

@7

I am under the illusion that for a brief moment in the history of the universe I was slightly hipper than you for once.

http://www.thestranger.com/slog/archives…

@4: He's just the online equivalent of the racist homeless guy who shouts at you on the street. Not even his fake wife (that lives in his head) takes him seriously.

@8: One of the criteria for a stay is demonstrating a likelihood of prevailing upon appeal. That is, you have to at least explain why you have a shot at winning in order to get a stay.

@11,

True, but even if you, I, and the district court judge don't think that there's a rational reason, that doesn't mean that the 10th circuit necessarily will agree. Again, I hope that the 10th circuit affirms, but I think we'd be naïve to conclude that the anti-gay side doesn't even have a shot at winning on appeal.

@12: Point. It sounds like, however, the arguments that were presented as reasons they were likely to prevail were the same arguments the judge rejected in the original opinion, so rejecting a stay makes sense.

Here is the new stay request that was sent to the 10th Circuit:

http://www.scribd.com/doc/193318340/13-4…

@12 in a post-Windsor world, who knows what an appellate court will think.

The current make-up of the 10th is: 2 Clinton appointees, 5 GWB appointees, and 3 Obama appointees. There are 2 vacancies.

@9 - No, that is no illusion. It is my shame forever, held in eternity in the Slog archives as the moment MacCrocodile failed.

Interestingly, if the 10th Circuit upholds the Utah decision, it will also invalidate bans on same-sex marriage in all the other states in the circuit. That's Oklahoma, Kansas, Wyoming, Colorado, and New Mexico.

@12. They have a shot, but given how it HAS to based on some tangible evidence of harm or damage, it's highly unlikely to prevail at this point in time. The old rationale behind the unknown possible effects of same sex marriage constantly diminishes as this harm fails to materialize where it is legal. To say the consequences are unknown and therefore potentially dangerous, just isn't cutting it anymore.

@16,

It'll certainly help, but the AGs in those states could try to argue either that their bans are somehow less discriminatory or that they make more sense in the context of those states. Both sound like losing arguments, but the point is that while an affirmation will probably lead to the bans being struck down in those states, it won't automatically strike them down.

@16. Right, and this will go to SCOTUS anyway of course. Remains to be seen if they'll take it, but these state's attorneys generals clearly have standing and no doubt will try.

http://abcnews.go.com/US/wireStory/ap-na…

Chipping away at those rights long held out of some people's reach.

I HOPE the appeals court takes it up and affirms, spreading the ruling to the full 6th Circuit.

Where is seattleblues today? Did he go back under his rock?

@21: Why not just enjoy the lack of asshole? JFC, appreciate the good things in life.