Utah Delays Marriage Appeal To SCOTUS

Many had expected Utah to rush their emergency stay request to Supreme Court Justice Sonia Sotomayor first thing this morning. But not so.

The attorney general’s office is working to prepare the appeal to the Supreme Court on the 10th Circuit’s denial of a stay. Due to the necessity of coordination with outside counsel the filing of the appeal may be delayed for a few days,” he told FOX 13′s Ben Winslow. “It is the intent of the AG’s office to file with the Supreme Court as soon as possible.” The delay means that same-sex marriages would continue to be performed in Utah until the nation’s top court decides. Justice Sotomayor, who oversees the 10th Circuit and Utah federal courts, could either grant or deny the stay, or she could ask the entire U.S. Supreme Court to decide the issue. An appeal of U.S. District Court Judge Robert Shelby’s ruling that declared Amendment 3 unconstitutional is still pending in the 10th Circuit Court of Appeals. If the Supreme Court denies Utah’s request to halt same-sex marriage licenses from being issued, those marriages would continue to happen throughout the appeals process — which could be decided by 2015.

All but one of Utah's 29 counties are issuing same-sex marriage licenses today. In that one tiny county, the clerk is on vacation.

Read more »

Posted in: Gary Herbert,LGBT rights,marriage equality,SCOTUS,Sonia Sotomayor,Tenth Circuit Court,Utah

BREAKING: Tenth Circuit Court DENIES Marriage Stay In Xmas Eve Order

Via Chris Geidner at Buzzfeed:

The 10th Circuit Court of Appeals denied the state of Utah’s request to stop same-sex couples’ marriages during the appeal of the judge’s ruling that started those marriages on Friday.“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” Judges Jerome Holmes and Robert Bacharach wrote in an order signed by court clerk Elisabeth Shumaker for the court.

The denial means that a Friday decision by Judge Robert Shelby striking down the state’s ban on same-sex couples marrying will remain in place during the appeal of the case, absent a contrary ruling from the Supreme Court — to which Utah officials could appeal. Interim requests of the type that would be filed in this situation would go to Justice Sonia Sotomayor, who oversees such requests from the 10th Circuit. She could either decide the matter on her own or refer the matter to the whole court for consideration.

Merry Christmas, UTAH!

UPDATE: The state is going right to Sotomayor.

Read more »

Posted in: Gary Herbert,GOP,lawsuits,LGBT rights,marriage equality,Tenth Circuit Court,Utah

Tenth Circuit Remains Silent As More Utah Counties Issue Marriage Licenses

The Tenth Circuit Court of Appeals gave a deadline of 5PM last night for objections to the stay demanded by Utah Gov. Gary Herbert.  Some had expected a ruling first thing this morning and one may still be coming today. In the meantime, two more Utah counties have relented and begun issuing licenses. Yesterday the Cache County clerk's office had locked the doors rather than serve anybody, gay or straight.

Read more »

Posted in: marriage equality,Tenth Circuit Court,Utah

UTAH: Plaintiffs Must File Stay Objection With Tenth Circuit Court By 5PM Today

Read more »

Posted in: marriage equality,Tenth Circuit Court,Utah

Tweet Of The Day - Wonkette

Read more »

Posted in: Tenth Circuit Court,Utah,Wonkette

BREAKING: Tenth Circuit Again Denies Stay Request By Utah Governor

We're still waiting on the ruling from District Judge Shelby. Read the Tenth's second denial here.

Read more »

Posted in: marriage equality,Tenth Circuit Court,Utah

BREAKING: Tenth Circuit Court Denies Stay Request From Utah Governor

Via Fox News Salt Lake City:

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.” According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

Read the full ruling here.

Read more »

Posted in: Gary Herbert,marriage equality,Tenth Circuit Court,Utah

UTAH: Attorney General Files Emergency Appeal To Stop Gay Weddings

Chris Geidner reports at Buzzfeed:

In the late Friday night filing, Acting Attorney General Brian Tarbet argued that an emergency stay was needed from the 10th Circuit because Shelby already told lawyers for the state that he would not issue a stay of his ruling before receiving a written request for a stay — which the state has now filed — as well as receiving a response from the plaintiff same-sex couples in the case. The state requested an emergency, temporary stay from the 10th Circuit until Shelby can resolve the request — technically asking “for stay pending the district court’s consideration of a motion to stay.”  The state argued to the 10th Circuit that the emergency stay is needed “in order to preserve the status quo” because “[i]n the event that the district court’s decision is reversed, the licenses issued and the marriages performed in the absence of a stay may be void.” Whether given the emergency stay from the 10th Circuit or not, Tarbet wrote that his office would seek a stay from the 10th Circuit to last throughout its appeal of Shelby’s decision should Shelby deny the state’s request for such a stay.

Hit the link to read the filing in full.

Read more »

Posted in: marriage equality,Tenth Circuit Court,Utah