Christofascists and GOP Suffer Double Loss in 10th Circuit and Indiana Rulings.

First gay marriage in Indiana

In the wake of its pathetic "March for Marriage" the National organization for Marriage ("NOM") and similar gay haters suffered double losses as the U. S. Court of Appeals for the 10th Circuit upheld the District Court rulings that struck down the gay marriage bans in Utah and Oklahoma (the opinion is here).  Meanwhile, a U.S. District Court struck down the gay marriage ban in Indiana.  The momentum truly seems to be building for either the U.S. Supreme Court to (i)  refuse to hear the almost guaranteed appeal from the 10th Circuit decision and thereby make same sex marriage across the 10th Circuit, or (ii) the take the appeal and strike down gay marriage bans nationwide.  In the wake of the DOMA ruling last year, the rapidly growing support for gay marriage and the plethora of lower court rulings striking down gay marriage bans, it is becoming increasingly hard to believe that the Supreme Court would uphold such bands.   First here are highlights from Think Progress:

In the first federal appellate level consideration of same-sex marriage since the Supreme Court overturned the Defense of Marriage Act last year, the 10th Circuit has agreed with the lower court that Utah’s ban on same-sex marriage is unconstitutional. In a 2-1 decision, the panel ruled that the Constitution guarantees that “those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as it is recognized by persons who wish to marry a person of the opposite sex.”

The ruling was immediately stayed, recognizing that the Supreme Court had stayed the district court’s original ruling earlier this year.

The majority of the panel rejected the state’s arguments that marriage must be linked to procreation: “Appellants’ assertion that the right to marry is fundamental because it is linked to procreation is further undermined by the fact that individuals have a fundamental right to choose against reproduction.” They were also not persuaded by claims that the inherent definition of marriage demanded unions between a man and a woman, because “nothing logically or physically precludes same-sex couples from marrying, as is amply demonstrated by the fact that many states now permit such marriages.”

“Plaintiffs in this case have convinced us that Amendment 3 violates their fundamental right to marry and to have their marriages recognized,” they wrote. “We may not deny them relief based on a mere preference that their arguments be settled elsewhere. Nor may we defer to majority will in dealing with matters so central to personal autonomy. The protection and exercise of fundamental rights are not matters for opinion polls or the ballot box.”

 Meanwhile, the Indianapolis Star reports on the demise of the Indiana gay marriage ban:

A federal judge struck down Indiana's ban on same-sex marriages Wednesday, leaving state officials, lawmakers, social conservatives, gay rights supporters and legal experts scrambling to sort out exactly what the decision means — and what will happen next.

But for the hundreds of gay and lesbian couples who rushed to courthouses across the state for impromptu weddings, the judge's words meant something simple, yet significant: They could finally be married in Indiana.

The monumental ruling by U.S. District Judge Richard Young said Indiana's law that limits marriage to one man and one woman, and that denies recognition of same-sex marriages legally performed in other states, is unconstitutional. It mirrored more than a dozen recent federal court opinions that have struck down same-sex marriage bans in other states.

"In less than a year," Young wrote in his opinion, "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."

Indiana Attorney General Greg Zoeller's staff quickly filed a notice of appeal and an emergency request for a stay of Young's order, which could halt same-sex marriages pending outcome of an appeal. The motion for a stay, according to spokesman Bryan Corbin, which has been granted in other jurisdictions, "is intended to prevent confusion and inconsistency between county clerk's offices regarding license issuance, while the appeal is pending."

But opponents of same-sex marriage viewed the ruling as yet another attack on traditional marriage.

"It's a disappointing but not unexpected ruling," said Curt Smith, president of the Indiana Family Institute. "We are deeply disappointed at the lack of respect for Indiana statute and our legislature. ... It is very distressing to see that marriage licenses are being issued and that presumably marriages will be performed in the near future on couples that are not authorized under state law."

Just minutes after Young's ruling was released, Marion County Clerk Beth White began issuing marriage licenses to same-sex couples and conducted what was likely the state's first such wedding — the spur-of-the-moment union of Craig Bowen and Jake Miller of Indianapolis.

 The Christofascists are on the wrong side of history just as they were on desegregation and interracial marriage.  One would think that they would learn from history, but when the open embrace of ignorance, hate and bigotry are applauded, I guess that is too much to expect or hope for.