The National  Memo Logo

Smart. Sharp. Funny. Fearless.

Monday, December 09, 2019 {{ new Date().getDay() }}

Gay marriage bans in Indiana and Utah were each ruled unconstitutional on Wednesday, in the two latest victories for the rapidly advancing marriage equality movement.

U.S. District Judge Richard Young struck down Indiana’s ban on Wednesday afternoon, declaring that it violates the Constitution’s equal protection clause.

“The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue,” Young wrote. “In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions — laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love.”

Young did not apply a stay to the ruling, meaning that Indiana couples can begin getting married immediately.

Less than an hour later, a federal appeals court in Utah ruled 2-1 that the state’s ban is also unconstitutional.

“We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws,” the decision from the three-judge panel reads. “A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.”

The decision, which marks the first time that a federal appeals court has ruled that states must allow same-sex couples to marry, upholds a previous lower court ruling that struck down Utah’s gay-marriage ban. The panel put a hold on the ruling, meaning that Utah couples cannot yet marry, and setting the stage for a likely Supreme Court battle.

The twin rulings are the latest in a growing string of legal victories for marriage equality advocates. Since the Supreme Court struck down the Defense of Marriage Act one year ago, 16 federal judges across the country have ruled in favor of same-sex marriage.

Photo: Guillame Paumier via Flickr

Advertising

Start your day with National Memo Newsletter

Know first.

The opinions that matter. Delivered to your inbox every morning

Pat McCrory

Youtube Screenshot

If former North Carolina Gov. Pat McCrory is any indication, the GOP primary wounds wrought in the last several months stand a good chance of bleeding into the general election this fall.

McCrory, who lost his bid Tuesday to become the Republican nominee for the Tar Heel State's open Senate seat, declined to endorse his GOP rival, Rep. Ted Budd, the Trump endorsee.

Keep reading... Show less

Dr. Mehmet Oz

Youtube Screenshot

Senate candidate Mehmet Oz thanked Fox News host Sean Hannity for advising him “behind the scenes,” helping to bring him to the cusp of a potential victory in Tuesday night’s primary in Pennsylvania — a revelation that further illustrates Hannity’s position as a Republican operative who leverages his media presence for political influence.

The Republican primary race could potentially go to a recount, with Oz currently ahead of former hedge fund manager Dave McCormick by a slender margin. The winner will face Democratic nominee Lt. Gov. John Fetterman, who won his primary by a landslide. During a speech on Tuesday night, Oz first thanked his wife, his children, and his campaign staff and then called out two key political figures who endorsed him and advised him throughout the campaign: former President Donald Trump and Hannity.

Keep reading... Show less
{{ post.roar_specific_data.api_data.analytics }}