Adding to this week’s great news on marriage equality , today U.S. District Court Judge Robert J. Shelby struck down  Utah’s same-sex marriage ban, which was put into the state constitution by referendum in 2004.
One of the far right’s standard attacks on the increasing number of judicial opinions striking down discriminatory marriage laws is that judges are “redefining marriage” and “usurping the legislature.” No doubt they will do so again in this case. Fortunately, Judge Shelby opens his opinion  with a brief but important explanation of how the American constitutional system works:
The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.…
[T]he legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself…
In his opinion , Judge Shelby also takes apart the harmful, bogus argument that preventing same-sex couples from marrying somehow “elevate[s] the status of opposite-sex marriage”:
Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition. Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities. The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse. (Emphasis added.)