However, as I pondered today's ruling by a Federal judge, I wondered:
Did the state legislature actually HELP Utah become the 18th state to allow same sex marriage? I think so. By passing Amendment 3 in 2004, the state provided a very specific target for a legal challenge.
"Message" bills are popular in Utah. It sends a message to the base that the legislator is looking out for their MORAL concerns. This might mean closing businesses on Sunday, or creating convoluted liquor laws. But when they passed the Third Amendment to the Utah Constitution banning gay marriage, I'm sure they had no idea, they were setting up an ideal opportunity for a legal challenge. And now, instead of being the 49th state to legalize same sex marriage, we are the 18th!
Of course, the state has filed an appeal and an emergency stay has been requested. But the defense is weak: will of the people vs constitutional rights; and procreation is the purpose of marriage. It will play out in the courts. Meanwhile, we will rejoice at this momentous milestone!
And as January approaches, I can't help wondering: Lesson learned, dear legislators? I wonder if we'll see as many "message" bills in the coming legislative session.