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Utah federal judge invalidates marriage amendment


Posted: 12/20/13

Today, 12/20/13, Robert J. Shelby, a federal judge in Utah has ruled that the marriage amendment in that state is unconstitutional since it violates the equal protection clause of the 14th amendment, serves no purpose, and demeans homosexuals.

A few hours later the decision was appealed to the 10th circuit. ref, ref2

UPDATE 12/30/13: An appeal to the U.S. Supreme Court has been delayed. ref


This ruling makes the assumption that marriage is something other than one man and one woman, which is the purpose of the amendment; to enshrine the traditional definition of marriage in  the state's amendment so as to prevent judges and legislatures from altering it outside of the will of the people.

The amendment was designed to protect the definition of marriage, not to cause any injury to homosexuals.  If that is the case then what about polygamists or bestiality or people that want to marry their dead dog?  They are equally injured by this amendment.

This does not qualify as an amendment that has been invalidated yet.  No state has yet done so.


Utah has been added to Hot Cases to watch part 2.

Last Updated: 1/12/14

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