Ben Johnson

,

Utah won’t recognize 1000+ gay ‘marriages’ contracted after judge struck down marriage amendment

Ben Johnson
Ben Johnson
Image

SALT LAKE CITY, January 8, 2014 (LifeSiteNews.com) – Now that the U.S. Supreme Court has halted gay “marriage” in Utah, the governor has moved to vigorously enforce state law, which is supported by the vast majority of state citizens.

In 2004, 66 percent of state voters approved Amendment 3 to define marriage as the union of one man and one woman in the state Constitution. On December 20, the Friday before Christmas, U.S. District Judge Robert J. Shelby, an Obama appointee, struck down Utah's constitutional marriage protection amendment.

Shelby had indicated he would not rule until January 7. At the time of his ruling, just before Christmas break, the state did not have a bona fide attorney general.

Governor Gary Herbert, a Republican, immediately began working with Acting Attorney General Brian L. Tarbet “to determine the best course to defend traditional marriage within the borders of Utah.” He then named a new state attorney general, Sean Reyes, to assist his efforts.

Denver's Tenth Circuit Court of Appeals denied two requests for a stay, and some 1,000 marriage licenses were awarded to homosexual couples in the meantime.

But on Monday, the U.S. Supreme Court granted a stay, halting the implementation of Shelby's ruling until the case is fully adjudicated – probably before the High Court itself.

On Tuesday, Herbert's chief of staff, Derek Miller, sent a directive to all cabinet officials telling them that, thanks to the Supreme Court stay, the state reverts to its previous status quo: it does not recognize gay “marriages” in any way.

While around 1,000 same-sex couples obtained marriage licenses, the Associated Press estimates that hundreds never actually got married. Now, no such ceremonies may take place.

But the state is also suspending its recognition of the gay “marriages” that did take place under Shelby's order. Governor Herbert warned in December that if Shelby's ruling is overturned, any licenses granted would be considered invalid, resulting in chaos.

“With the district court injunction now stayed, the original laws governing marriage in Utah return to effect pending final resolution by the courts,” Miller's e-mail read. “It is important to understand that those laws include not only a prohibition of performing same-sex marriages but also recognizing same-sex marriages.”

Thus, for instance, if a homosexual wanted to legally change his last name to that of his “husband,” the state will not comply, because doing so would violate the state constitutional amendment supported by two-thirds of Utah voters in 2004, as well as other ordinances.

Click "like" if you want to defend true marriage.

“Please understand this position is not intended to comment on the legal status of those same-sex marriages – that is for the courts to decide,” Miller continued.

Those who have questions are told to consult the relevant assistant attorney general, who will direct them on how to maintain state law appropriately.

The directive thanked officials for their “patience and diligence,” as well as their “compliance.”

Herbert's directive, sent via Miller, reads in full:

Dear Cabinet,

I'm sure you are all aware of the issuance of the stay regarding same-sex marriage in Utah from the United States Supreme Court yesterday. This stay effectively puts a hold on the decision of the district court, which found state laws prohibiting same-sex marriage in Utah to be unconstitutional.

After the district court decision was issued on Friday, December 20th, some same-sex couples availed themselves of the opportunity to marry and to the status granted by the state to married persons. This office sent an email to each of you soon after the district court decision, directing compliance.

With the district court injunction now stayed, the original laws governing marriage in Utah return to effect pending final resolution by the courts. It is important to understand that those laws include not only a prohibition of performing same-sex marriages but also recognizing same-sex marriages.

Based on counsel from the Attorney General's Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice. Please understand this position is not intended to comment on the legal status of those same-sex marriages – that is for the courts to decide. The intent of this communication is to direct state agency compliance with current laws that prohibit the state from recognizing same-sex marriages.

Wherever individuals are in the process of availing themselves of state services related to same-sex marital status, that process is on hold and will stay exactly in that position until a final court decision is issued. For example, if a same-sex married couple previously changed their names on new drivers licenses, those licenses should not be revoked. If a same-sex couple seeks to change their names on drivers licenses now, the law does not allow the state agency to recognize the marriage therefore the new drivers licenses cannot be issued.

We appreciate your patience and diligence in this matter. We recognize that different state agencies have specific questions and circumstances that will need to be worked through. Please do so with the Assistant Attorney General assigned to your respective agency in coordination with the Governor’s General Counsel. We also recognize that these changes affect real people’s lives. Let us carefully and considerately ensure that we, and our employees throughout the state, continue to treat all people with respect and understanding as we assist them.

Truth. Delivered daily.

Get FREE pro-life, pro-family news delivered straight to your inbox. 

Select Your Edition:


Share this article

Advertisement
Brian Fisher

Birth mothers: real heroes of the pro-life movement

Brian Fisher
By Brian Fisher
Image

What does it mean to be brave? Is it the doctor who dedicates himself to improving the health of a third-world nation? Is it the woman who faces her third round of chemotherapy to fight the progression of cancer? Is it the teacher who forgoes the comforts of a suburban school to reach minorities in the inner city? All of these are examples of bravery demonstrated in exceedingly challenging circumstances. And our society longs for stories of bravery to inspire us and fill us with hope.

As someone who works day in and day out with those on the front lines of helping rescue babies from abortion, I’m no stranger to stories of bravery. I see courage every day in the eyes of the men and women who sacrifice their time and energy to help women facing unplanned pregnancies. I see it every time a young mom — despite being pressured by her parents or significant other to get an abortion — chooses LIFE. And perhaps more profoundly than in any other situation, I see it when an expectant mom with no relational support, job, or income chooses to place her baby for adoption rather than abort her son or daughter.

This was Nicky’s situation.

When Nicky found herself pregnant with her boyfriend’s child, her life was already in shambles. During her 26 years, Nicky had already given birth to and surrendered sole custody of a little girl, committed several felonies, lived in her car, lost several jobs, and barely subsisted on minimum wage. So when she met up with an old boyfriend, Brandon, Nicky believed she was being given a second chance at happiness. “Our first year together was beautiful. We were getting to know each other and deciding if we would stay together forever.” Unfortunately, a positive pregnancy test result changed everything.

“When I told him I was pregnant, Brandon sat down on the bed, looked me in the eyes, and told me to ‘get an abortion’.” Nicky says those three little words changed everything for her. “I became depressed living with someone who wanted his child ‘dealt with.’”  Like thousands of women every day, Nicky began searching online for information on abortion, hoping her boyfriend would eventually change his mind. Through our strategic marketing methods, Online for Life was able to guide Nicky to a life-affirming pregnancy center where she received grace-filled counsel. “The woman I sat with was beyond wonderful. She helped me to just breathe and ask God what to do….And so I did.”

Nicky left the pregnancy center that day with a new resolve to choose life for her child, even though she still wasn’t sure how she’d financially support a child. “I was alone with just $10 in my pocket…and without any type of plan for what I was going to do.” So Nicky relied on the support of the staff she met at the life-affirming pregnancy center. With their help and through a chain of fortunate events, Nicky was put in contact with the couple who would eventually become her daughter’s adoptive parents.

Click "like" if you are PRO-LIFE!

After meeting this couple face to face and coming to terms with her own desperate situation, Nicky conceded that the best thing for her unborn child would be to place her in someone else’s loving home. She told Brandon about her plans and he agreed that adoption would give their child the best chance at a happy and secure future. He even returned home to help Nicky prepare for the birth of their child. “The weeks leading up to my delivery were filled with a mixture of laughter, tears, protectiveness and sadness,” Nicky recalls. But one sentiment continued to be shared with her. “Brave…so brave.” That’s what everyone from the life-affirming pregnancy center to the adoption agency to the birthing center kept calling Nicky. “The nurses kept coming up to me and telling me they were honored to care for and treat someone like me.” After several weeks of preparation, Nicky finally gave birth to a healthy baby girl, and she made the dreams of a couple from the other side of the country come true.

Nicky’s adoption story continues to be riddled with a strange combination of pain and joy. “I cry every day, but I know my baby, who came out of a very bad time, ended up being loved by people from across the country.” When asked what message she’d like to share with the world about her decision to give up her child for adoption, Nicky responds, The voice of the mother who gives up a baby for adoption isn’t heard. We need to change that.”

To learn more about Online for Life and how we’re helping to make stories like Nicky and her daughter’s story a possibility, please visit OnlineforLife.org.

Author, speaker, and business leader Brian Fisher is the President and Co-Founder of Online for Life, a transparent, metric-oriented, compassion-driven nonprofit organization dedicated to helping rescue babies and their families from abortion through technology and grace.

Share this article

Advertisement
Featured Image
Dustin Siggins Dustin Siggins Follow Dustin

,

New York farmers stop hosting weddings after $13,000 fine for declining lesbian ceremony

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

New York farmers Robert and Cynthia Gifford, who were ordered last week to pay $13,000 for not hosting a same-sex "wedding," say they are closing that part of their operation.

"Going forward, the Giffords have decided to no longer host any wedding ceremonies on their farm, other than the ones already under contract," said Alliance Defending Freedom (ADF) lawyer James Trainor. ADF represented the Giffords in their legal fight against New York's non-discrimination law.

Last week, the Giffords were ordered to pay a $10,000 fine to the state of New York and $3,000 in damages to a lesbian couple, Jennifer McCarthy and Melisa Erwin, who approached them in 2012 about hosting their "wedding." The Giffords, who are Roman Catholic, said their religious convictions would not let them host the ceremony, but that McCarthy and Erwin could hold their reception on their property.

Unbeknownst to the Giffords, lesbian couple recorded the two-to-three minute conversation. After declining to hold the reception on the Giffords' farm, on which they live and rent property, the lesbian couple decided to make a formal complaint to the state's Division of Human Rights.

Eventually, Judge Migdalia Pares ruled that the Giffords' farm, Liberty Ridge Farm, constitutes a public accommodation because space is rented on the grounds and fees are collected from the public. The Giffords argued that because they live on the property with their children, they should be exempt from the state law, but Pares said that this does not mean their business is private.

Click "like" if you want to defend true marriage.

Trainor told TheBlaze that the Giffords' decision to end wedding ceremonies at Liberty Ridge “will hurt their business in the short run," but that was preferable to violating their religious beliefs.

“The Giffords serve all people with respect and care. They have hired homosexual employees and have hosted events for same-sex couples,” he said.

However, "since the state of New York has essentially compelled them to do all ceremonies or none at all, they have chosen the latter in order to stay true to their religious convictions," Trainor explained to LifeSiteNews. "No American should be forced by the government to choose between their livelihood and their faith, but that’s exactly the choice the state of New York has forced upon the Giffords."

"They will continue to host wedding receptions," said Trainor.

Advertisement
Featured Image
Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus

South African mom files ‘wrongful life’ lawsuit on behalf of Downs son

Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus
By Thaddeus Baklinski

A South African woman has launched a "wrongful life" lawsuit against the Cape Town-based Foetal Assessment Centre, claiming a failure to inform her that the child she was carrying was at risk of having Down Syndrome prevented her from aborting her baby.

A twist in this lawsuit is that, unlike other "wrongful birth" lawsuits, the mother in this case missed the time limit to file the claim on her own behalf, so she is asking the South African Constitutional Court to allow her to sue the center for “wrongful life” on behalf of her now-born son.

“You have a duty to tell my mother carrying me that I'm malformed so that she can make an informed decision as to whether or not to carry me to term,” the statement of claim against the Foetal Assessment Centre reads, according to SABC News.

“It is not as if the foetus is sort of putting up its hand and saying why you didn’t destroy me," the mother's lawyer, Paul Hoffman, explained to Deputy Chief Justice Dikgang Moseneke. "The foetus is complaining that its malformation, its development is the result of the bad advice that was given.”

The SABC report did not say what compensation the woman is seeking.

The scope of the case is similar to that of a New Zealand couple who won a lawsuit claiming monetary compensation after a routine 20 week ultrasound scan failed to discover that their daughter had spina bifida.

Click "like" if you are PRO-LIFE!

The mother, whose name has not been released, claimed that the continuance of the pregnancy was a “personal injury,” and, had she been given the correct diagnosis after that scan, she would have aborted her daughter.

"We consider that the continued pregnancy of the appellant following a misdiagnosis in the 20 week scan is capable of being an injury suffered by the appellant,” the court ruled, and directed the New Zealand Accident Compensation Corporation (ACC) to make the woman eligible for compensation for the ongoing surgical and physiotherapy expenses incurred by their child.

New Zealand disability advocate Mike Sullivan said the underpinning attitude behind the decision is that those with disability, both born and unborn, are seen as a burden on society.

“This is what happens,” Sullivan said, when “the children become reduced to nothing – wrong even to exist.”

Advertisement

Customize your experience.

Login with Facebook