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Colorado's Judge Crabtree's Summary Judgment Order re Same Sex Marriages: (Original Post) kaiden Jul 2014 OP
"This argument is the legal equivalent of grasping at straws." IllinoisBirdWatcher Jul 2014 #1
LOVE this Judge! kaiden Jul 2014 #2
Thanks Good work! locks Jul 2014 #3

IllinoisBirdWatcher

(2,316 posts)
1. "This argument is the legal equivalent of grasping at straws."
Thu Jul 10, 2014, 10:49 AM
Jul 2014

Gotta love how this Order summarized the state's faulty position.

It continues (bolding mine):

The State’s argument ignores the fact under its definition of “government” marriage, it still allows, and always has allowed, couples to marry who have neither the intent nor the ability to procreate. Unwed couples are as free to procreate after the Marriage Bans were enacted as they were before. The State’s definition of marriage flies in the face of Supreme Court decisions defining the real meaning of marriage.


and (bolding mine)

The Marriage Bans cannot withstand Equal Protection scrutiny under any standard of review.


and (again, bolding mine)

The sole basis for precluding same-sex marriage is self-evident—the parties are of the same sex and for that reason alone do not possess the same right to marry (or remain married) as opposite-sex couples. The Court holds that the Marriage Bans are unconstitutional because they violate plaintiffs’ equal protection rights.

kaiden

(1,314 posts)
2. LOVE this Judge!
Thu Jul 10, 2014, 12:22 PM
Jul 2014

At the oral argument when the assistant attorney general was arguing, "The only reason for people to get married is to procreate," Judge Crabtree (appointed to his judgeship by GOP Governor Bill Owens in 2001) replied, "I have two 65-year old friends who are getting married in two weeks. I can guarantee you that they will not be procreating." We all LOL'd. Doofus State of Colorado. Ha!

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