Friday, January 10, 2014

Our friend Tony Perkins continues to misstate the decision in Windsor

Not a day goes by when Tony Perkins isn't faced with Armageddon. I'd sure hate to be Mrs. Perkins. From today's hate mail:
The Obama administration's decision today is an effort to make law in the breach and shows contempt for the states, the federal courts, and Congress. It only adds to the administrative chaos by flouting Utah's marriage law and is in contrast to the U.S. Supreme Court's cautious approach in granting a stay in the case. The Department of Justice's announcement is doing the very thing which the Supreme Court condemned in the U.S. vs. Windsor decision - 'creating two contradictory marriage regimes within the same State.'
The really, really good news is that there isn't a damned thing that Tony can do about this. By the way, where was he when Bush was authoring all of those signing statements?

In point of fact, this has nothing to do with Congress. In point of fact, about 1,000 same-sex couples were legally married in Utah. Neither Governor Herbert nor Tony Perkins can alter that.

I hate to kill a good talking point but Tony is right about one thing. There should not be two contradictory marriage regimes in a state. However he is dead wrong about the Court's intent in United States v Windsor. The two regimes that Court was referring to were the state and the federal government where the state recognized same-sex marriage. The Windsor decisions supports federal recognition of Utah's same-sex marriages.

The simple solution to Tony's dilemma is for the state to drop its appeal. That produces commonality for same-sex and opposite-sex couples in Utah and in federal recognition. Of course that would require Perkins and his friends and, in this case, the Church of Latter Day Saints to stop insulting the Establishment Clause enshrined in the First Amendment to the United States Constitution. If Utah's ban on same-sex marriage is not recognition of religion then I don't know what would qualify as such.
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