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Federal judge rules same-sex marriage can continue in Utah Federal judge rules same-sex marriage can continue in Utah
(35 minutes later)
Judge Richard Shelby on Monday denied a request by the conservative state that wanted to stop gay marriages until an appeals process plays out. State authorities in Utah failed on Monday in their latest attempt to undo a federal judge’s surprise ruling that held its ban on same-sex marriage to be unconstitutional.
The same judge overturned Utah's ban on same-sex marriage Friday, ruling it is unconstitutional. The ruling drew attention given Utah's long-standing opposition to gay marriage and its position as headquarters for the Mormon church. US district judge Robert J Shelby denied a motion by filed by the state to put his Friday ruling on hold while the appeals process played out. The county clerk in Salt Lake City immediately began issuing marriage licences. 
Lawyers for the state are waging a legal battle on several fronts as they seek to stop the same-sex weddings. Hundreds of gay couples lined up Monday for a chance to get married. Clerks in several counties were issuing marriage licenses. "We're going to do it until the judge says stop," said Kerri Nakamura, who was helping people process licenses. Shelby’s initial ruling surprised Utah, one of the most conservative states in the US, home to the Church of Jesus Christ of the Latter-day Saints, also known as the Mormons. The governor condemned Shelby as an “activist judge” and the state made several attempts to appeal the ruling at the weekend, all of which failed. 
The federal judge surprised one of the most conservative states in the US on Friday by ruling that the ban violates gay and lesbian couples' constitutional rights to due process and equal protection under the 14th amendment. Shelby said the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way. More than 100 couples wed in the following hours as others cheered them on. The state will now bring the case to the 10th circuit appeals court in Denver, but marriages are allowed in the interim and Shelby said county clerks do not need to worry about being prosecuted for issuing licenses.
For now, Utah has joined California, New York and others to become the 18th state where same-sex couples can legally wed. On Friday, Shelby ruled that Utah’s same-sex marriage ban was unconstitutional because it violates the rights of gay and lesbian couples under the 14th amendment. It spurred a wave of same-sex marriages in the state with more than 100 couples wedding at the county clerk’s office in Salt Lake City on Friday. 
Utah is home to The Church of Jesus Christ of Latter-day Saints, one of the leading forces behind California's short-lived ban on same-sex marriage. The Church of Jesus Christ of Latter-day Saints has said it stands by its support for "traditional marriage" and that it hopes a higher court validates its belief that marriage is between a man and woman. “The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,” Shelby said in his 53-page ruling.
Friday's ruling brought an angry reaction from Republican Governor Gary Herbert, who said he was disappointed in an "activist federal judge attempting to override the will of the people of Utah." He said that along with the ban on same-sex marriage being unconstitutional, the state failed to provide evidence that these marriages could affect opposite-sex marriages. Shelby said:
“In the absence of such evidence, the state’s unsupported fears and speculations are insufficient to justify the state’s refusal to dignify the family relationships of its gay and lesbian citizens. Moreover, the constitution protects the plaintiffs’ fundamental rights, which include the right to marry and the right to have that marriage recognized by their government.”
Utah is the 18th state to allow same-sex marriage. Utah governor Gary Herbert made an announcement on Friday shortly after Shelby’s ruling, condemning the decision. "I am very disappointed an activist federal judge is attempting to override the will of the people of Utah,” Herbert said. “I am working with my legal counsel and the acting attorney general to determine the best course to defend traditional marriage within the borders of Utah." 
While statutes banning same-sex marriage fall across the country, the decision in Utah was particularly surprising. The Mormon church was one of the leading forces behind the successful campaign to ban same-sex marriage in California with Proposition 8 in the 2008 election. The proposition was overturned in a June supreme court ruling. 
On Friday, the Mormon church said it supportted “traditional marriage” and said the ruling will works its way through the judicial process. “We continue to believe that voters in Utah did the right thing by providing clear direction in the state constitution that marriage should be between a man and a woman and we are hopeful that this view will be validated by a higher court,” the church said in a statement. 
Shelby is new to the district court, having been nominated by US president Barack Obama in November 2011. He was confirmed in September 2012 and was assigned the same-sex marriage case, Kitchen v Herbert, in March. 
New Mexico became the 17th state to allow same-sex marriage a day before Shelby’s decision. A New Mexico county clerk independently allowed same-sex marriages in August, leading county officials to request a clarification from the state supreme court. 
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