Friday, January 3, 2014
The Axe-Grinding Propelling Utah's Self Inflicted Injury In a Rush of Same-Sex Marriage?
The Axe-Grinding Propelling Utah's Self Inflicted Injury In Marriage?
Featured Editorial at The Post & Email
The eyes of the Nation fell on Utah as the first same-sex weddings in Utah were held a week ago today,(which just happened to be my birthday Dec 27th) just hours after Federal Judge, the Honorable Shelby, ruled the state's 2004 Referendum banning same-sex marriage was unconstitutional. The R-Governor of Utah Gary Herbert was quick to draw his axe saying he'd use his power "to defend traditional marriage within the state's borders" calling the Judge an 'activist' attempting to override the will of the people of Utah.
Now Utah's people, (less then a dozen whom voted for the Presidential Candidate who challenged not only Obama's Eligibility in 2012 and 2013 in Judy v. Obama 12-5276 that included the legal Sheriff's Report of over 2500 hours of investigation stating Obama's Long form Birth Certificate was a proven fabrication, but also McCain's in 2008 in Judy v. McCain living in their own backyard), find themselves fighting for the very hair of marriage. Is it irony the whole state of Utah now finds they're subjects of one of the Justices Obama nominated in Justice Sotomeyer in their State Attorney General's appeal that will easily cost the state at the very least two million dollars?
Utah's no stranger to the political campaigns of Cody Robert Judy (myself). No Sirree, I ran in 2002 for the 1st Congressional District, and 3 times for the U.S. Senate Seat: 2000 Judy v. Hatch, 2004 Judy v. Bennett and in 2010 Judy v. Bennett again, as my book Taking A Stand recalls in detail.
The Utah Referendum known as Amendment 3 in 2004 was passed by 65.86% stated as follows: 1) Marriage consists only of the legal union between a man and a woman. 2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
The referendum was sold as a bill of goods that its proponents said would do 3 things:
1)Prevent state courts from making a ruling that current Utah marriage legislation as being unconstitutional.
2)Prevent state courts from forcing recognition of out-of-state marriages.
3)Prevent the creation of "counterfeit marriages", such as civil unions.
They also said the amendment would not hurt heterosexual marriage, common law marriages, or the right to will property to whomever one wishes.
In one chop Federal District Judge Shelby found, in a case brought by two gay men (which were different people from the two people in Utah who voted for Cody Robert Judy in 2012), making the claim that "the state law violated their right to equal protection and due process under the U.S. Constitution",that 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," Shelby asserted and "Accordingly, the court finds that these laws are unconstitutional."
This is a perfect case scenario to illustrate that "The Will of the People" in a particular State does not always over-turn "The Republic" based on the U.S. Constitution's "Will of the People" if indeed you considered the will of the 593,297 people voting in Utah as slightly higher then the 2 gay men stating their rights were being infringed plus the one judge who interpreted it as so. So, if your going to remember the rights of 2 gay men in Utah why won't you remember my rights and standing as a Presidential Candidate having standing in my damaged campaign based on Obama's ineligibility? That's the idea in a Constitution Republic. The will of the people is reined in when their will over-rides the law. It is possible for the majority's will to supersede the laws of the Constitution and Obama's Campaign is a perfect example of this happening when no court would even hear me.
The heavily populated LDS or Mormon state of Utah wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.
Its an interesting argument to wonder if the minority communities such as the gay and lesbian circles would ask their rights be upheld to marry, but yet spurn a court or Congress who heard my campaigns plight based upon the Constitution's requirement for a natural born citizen in the Office of the President who was born in the U.S. to Citizen parents to which there was never a doubt, (Minor v. Happersett), or in matters of national security do they feel leaving some doubt is okay and my campaign doesn't deserve to be treated fairly under the law?
Is it your minority and your rights until you get them, and then forget or spurn anyone's when it comes to a trial on Obama's eligibility I'd ask the 900 gay couples who rushed off and got hitched in Utah? Don't forget I ran as a Democrat and had claim on Obama's eligibility in 2012 through my 2008 claim as well without being bogged down with the 'racist' argument those who gave McCain a pass on inherited from the Main Stream Media.
Back to the case on the rights of every individual to life,liberty, and pursuit of happiness, which I think is a better argument then attacking the 'statute' of the State to marry. I've long held the State should get out of the 'mariage' business and into the civil-union business leaving 'marriage' for the churches. As long as the State's like Utah fight for a statute of the state on 'marriage', ever citizen has claim on the statute sponsored by the state regardless of gender.
The legal argument of getting the state out of the marriage business and into the civil union business for all, should be the law that Congress should "make no law respecting the establishment of any particular religion", held in the First Amendment "or prohibiting the free exercise thereof", but if they are determined on it the arguments get really weak when it comes to claiming some kind of utopia for a child raised by a mother and a father especially with a mockery of the utopia that the 60% divorce rate in the country blast out of the water.
Lawyers ask Supreme Court to allow same-sex unions in Utah
"Attorney Peggy Tomsic said the state's request for an emergency stay on same-sex unions should be denied because Utah has not demonstrated how the weddings are harming anyone else. The state has also failed to show it will likely win an appeal of the Dec. 20 ruling from a federal judge, she said."
"Tomsic wrote that the state's' "hodgepodge of articles that purportedly show that same-sex parents are inferior to opposite-sex parents" is not only false, but fails to address the constitutional issues addressed in the ruling."
"Utah state attorneys argue that children are best raised by a mother and father in a good relationship. Tomsic, who represents three gay and lesbian couples from Utah, countered that argument by saying gay and lesbian couples can also be good parents."
"Respondents agree with applicants that marriage provides enormous benefits for children," Tomsic wrote, "But excluding the children of same-sex couples from those benefits causes severe harm to those children, without providing any benefit to the children of opposite-sex parents."
"Utah insists that states have the authority to define marriage as between a man and woman. Tomsic argues that the state's rationale for asking for a halt to the same-sex marriages doesn't make sense."
"Applicants cannot simultaneously concede that being stripped of one's marital status causes profound, irreparable harm and urge the Court to inflict that very injury on the married Respondents and other married same-sex couples," Tomsic said."
One of the state of Utah's major papers The Deseret News ran an op-ed declaring the actions of Honorable Shelby to be nothing more than "Judicial Tyranny" and a mighty big case of ignoring "precedent" and "rational arguments'.
I'd ask The Deseret News, "How's that feel?", as they bewail the plight of "not even being heard" because of summary judgement while they have neglected the very tenant of the Constitution on Obama's Eligibility that if upheld in a conservative way would not have got them where they're at?
The tepid argument that Republicans cannot do anything with a majority in the House with Obama's Eligibility flies in the face of the check and balance system we have, and the House is the bigger part of that 'check' as they cut the finances for the Government to run. If the House had a transparent and open hearing on Obama's eligibility framed without the error that Obamacare has become infamous for, the Senate would look like the greatest bunch of incontinent elders the world has ever seen to deny the facts and rational argument.
As you can see, its difficult to sympathize with leaders and proponents whose opinions and beliefs are so devastatingly easy to slice as fulsome. It does seem a bit odd that Utah has come under the spotlight as a beacon of leadership under the "marriage umbrella" as to represent conservatism when adjusting the marital norms that have served society for millennia in face of the reputation of christian polygamy practiced for more than a millennia in the Bible with the accounts of Adam, Noah, Abraham, Moses,David, Solomon, and certainly Joseph Smith and Brigham Young.
Its a wonder the State has a leg to stand on or that they are not laughed out of Washington DC for the exact same reasons I've pointed out? They have cooperated with Obama fully and haven't had the courage or intelligence to lead Grandma across the street, let alone a Nation under the United States Constitution, when you take into account Obama's ineligibility in their face.
See Now Part II. The Axe-Grinding Propelling Utah's Self Inflicted Injury In Marriage? Sotomayor Stays
Note Dec 26th,2013: Breaking News : Orrin Hatch R - U.S Senator from Utah and Mitch McConnell R- U.S. Senator from Kentcky just requested two sheriffs kits produced by Michael Volin of WheresObamasBirthCertificate.com (WOBC) with the purpose of informing the public and elected officials of the forgery of the long-form birth certificate image posted since April 27, 2011 on the White House website. These kits contain the same evidence released in March 1,2012 (and a little more) that I included in my case against Obama that went from Georgia State- Georgia State Supreme- to U.S. Supreme 12-5276 in Judy v. Obama.
Please urge and encourage your Representatives to OPEN AND TRANSPARENT HEARINGS in the House of Representatives on Obama's eligibility as the solution to eliminating Obamacare. These hearings must be held and the evidence must be heard that are in the Sheriff's kits most all of the Representatives have received now.
If these hearings are conducted in the open and reported in the open, the evidence will mount collectively and the U.S. Senate although it has a majority of Democrats will have to concede to the facts and evidences or will be seen as completely unfit for their duties and as incompetent. Utah would most likely see more benefits come from supporting the Candidates like myself, (well, Candidate as myself because there were no other candidates in the entire U.S.A. who stood up for principle regardless of party), fighting for equal protections under the law in pushing for Open and Transparent Hearings in Congress with two million dollars on Obama's Verification Eligibility qualification hearings on the stage to remove him as a disability according to Amend 14, Sec.3, than they would ever hope to find fighting this and appealing to an unauthorized usurper's recommendation of Justice Sotomayer; and it would happen a lot faster because there is no stay in place while they fight it in court.
You can probably count on a battle for years while gay couples happily marry and begin contemplating suing churches for discrimination of not being wed in the churches and temples next, because that's going to be very lucrative against congregations if the churches and the state keep mixing-up and combining the terminology of marriage. I wonder who the stay would have gone to if Sotomayor wasn't an Obama nomination?
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Let me now wish everyone a very happy and warm New Year as we pray for the Lord to save our Country and restore America from the dilapidation we now find ourselves and the principles of the Constitution in, for this I am Taking A Stand.
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