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Federal judge from Santa Fe breaks streak of gay marriage unanimity

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  • Ruling shows crack in legal gay marriage unanimity

    Federal Appellate Court Judge Paul J. Kelly was in the minority in his opinion as the two other judges on the 10th Circuit Court of Appeals panel found the U.S. Constitution protects the rights of gay couples to marry. New Mexican file photo

Posted: Thursday, June 26, 2014 10:00 pm | Updated: 3:59 pm, Fri Jun 27, 2014.

DENVER — A federal appeals court’s gay marriage ruling contained two historic firsts: It was the first appellate decision for gay marriage since the U.S. Supreme Court struck down the Defense of Marriage Act one year ago, and it also marked the first time since then a federal judge has argued for keeping a state ban on same-sex marriages.

Judge Paul J. Kelly Jr. was in the minority in his opinion as the two other judges on the 10th Circuit Court of Appeals panel found the U.S. Constitution protects the rights of gay couples to marry. Kelly has broken the string of 16 state and federal judges who sided with gay marriage advocates in cases across the country over the past year.

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4 comments:

  • Raymond McQueen posted at 5:43 pm on Fri, Jun 27, 2014.

    Raymond II Posts: 4

    Oops! I overlooked his being a disgrace to Santa Fe and New Mexico!

     
  • Raymond McQueen posted at 5:42 pm on Fri, Jun 27, 2014.

    Raymond II Posts: 4

    Hmm. I suppose good Justice Kelly feels that in the Loving decision of 1967 that permitting interracial marriage also "turns the notion of a limited national government on its head ". Even Brown v. Board of Education of 1953, why not keep those darkies in separate schools if that what the locals want! What a disgrace to the bench!

     
  • Jay Shapiro posted at 6:10 am on Fri, Jun 27, 2014.

    jayshapiro Posts: 29

    One of the myths of American jurisprudence is that judges leave their personal beliefs and values outside the courthouse. Judge Kelly may be fair and honest, but I'm guessing that he is also Catholic and his views of both abortion and same sex marriage have most likely been shaped, at least in part, by Catholic dogma.

     
  • Tom Dunlap posted at 5:59 am on Fri, Jun 27, 2014.

    adaisyifyoudo Posts: 2

    Former Roswellite, natch.

     

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