re: #61 lawhawk

It would seem that the UT court waited until the NM Supreme Court ruled so as to add to its own authority justifying the decision. Not particularly surprising that they were handed down within days of each other.

I’m fully expecting the state to appeal to the full 10th Circuit Court of Appeals on route to attempting an appeal to the Supreme Court.

But we now have two courts - one at the state level and a federal court in two separate states within the 10th Circuit finding the same way. Similar grounds, and both eviscerate the procreation argument as foundation for marriage.

As a layman, both cases seem to make a strong argument in the vein of Loving that SSM bans are unconstitutional due to marriage being a fundamental right. I’m not sure that there’s any way for the Roberts court to split the baby on this one.