Categories: Michael Aaron

Utah’s lawyers on same-sex marriage: When you think you are losing an argument, hyperbolize

It appears attorneys for the state of Utah have moved into shrill-speak in desperation that they may lose the fight to keep the anti-gay Amendment 3 and other laws on Utah’s books.

The state’s latest and final brief before oral arguments in April is so awash with hyperbole, I wouldn’t be surprised that in their last edit they didn’t remove a thousand exclamation points from earlier drafts.

“The sky is falling!!!!”

In the very first paragraph, the legal team says the argument comes down to gays and lesbians feeling demeaned vs. the total destruction of marriage culture in the state. Gays are sad vs. society is doomed.

You may think I’m now hyperbolizing, but let’s keep going.

The very next paragraph calls Judge Robert Shelby’s ruling “an unprincipled judicial wrecking ball hurtling toward an even more important arena of traditional State authority.”

Quote, unquote.

“It would impose by judicial fiat rather than democratic processes the novel principle that marriage is whatever emotional bond any two (or more) people say it is. It would thereby enshrine in federal law the corrosive principle that moms and dads are interchangeable and, ultimately, irrelevant to children. It would also unfairly dismiss the majorities in more than half of the States and numerous judges as irrational bigots.”

Can’t you hear the exclamation points?

Same sex marriage will “increased fatherlessness and motherlessness, with the emotional, social and economic damage such a deprivation imposes on children,” “reduce birth rates.”

I’m still on page 3.

“More out-of-wedlock births … less ‘self-sacrificing’ by heterosexual fathers … increased social strife … neither gender nor biology matter … would delink procreation from marriage.”

The state says the plaintiffs won’t “come to grips” with what is wrong with Shelby’s ruling and are “ignoring reality.”

And then, they bring out the silly arguments: “Utah law allows every person, regardless of sexual orientation or gender, to marry a person of the opposite sex.” “Such a redefinition would also remove the gentle encouragement the law currently provides to bisexual persons to form families and raise children with members of the opposite sex rather than members of the same sex.”

The 120-page document is so rife with Henny Penny rhetoric that I’m surprised not to find references to Sodom, Gomorrah and Rome.

I only hope three judges in Denver are more rational than our state’s attorneys. Q

40

Michael Aaron

Michael Aaron is the editor and publisher of QSaltLake. He has been active in Utah's gay and lesbian community since the early 80s and published two publications then and in the 90s.

Recent Posts

  • Creep of the Week

Keep MA Safe

By the time you read this the 2018 Midterm Election will be over. We’ll find out whether we’re surfing the…

22 hours ago
  • Interviews

A star is reborn

Kathy Griffin talks Trump (obviously) – but also, the celeb stories of 2018 we’ve so desperately needed her commentary on…

2 days ago
  • Editorial Cartoon

Cartoon – The Boys From Brazil

2 days ago
  • Arts News
  • Qmmunity

UMOCA accepting Out Loud applications for LGBT teens

The Utah Museum of Contemporary Art is accepting applications for its annual Out Loud program — a contemporary art workshop series…

3 days ago
  • Local

Downtown Winter Market opens this weekend

The Downtown Winter Market, a project of Urban Food Connections of Utah, begins Saturday, Nov. 10, at the Rio Grande…

5 days ago
  • A+E
  • Events

Weekend Events: #ALIVE, Transgender Awareness, sauced Sunday, and more

9Friday — Dreamers' Foundation #ALIVE The Dreamers' Foundation on this 5th annual event will give back to Quit Trip'n to help…

6 days ago