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Utah to appeal same-sex marriage case to US supreme court | Utah to appeal same-sex marriage case to US supreme court |
(about 20 hours later) | |
State officials in Utah plan to appeal to the US supreme court in their continued attempts to undo the legalization of same-sex marriage in the state | State officials in Utah plan to appeal to the US supreme court in their continued attempts to undo the legalization of same-sex marriage in the state |
District judge Robert J Shelby ruled last week that the state’s ban on same-sex marriage was unconstitutional, leading to hundreds of impromptu weddings across the state. The state requested a stay shortly after and governor Gary Herbert said he did not support the “activist” judge’s decision. | District judge Robert J Shelby ruled last week that the state’s ban on same-sex marriage was unconstitutional, leading to hundreds of impromptu weddings across the state. The state requested a stay shortly after and governor Gary Herbert said he did not support the “activist” judge’s decision. |
The request for a stay was denied in Shelby’s court on Monday and in the Denver-based 10th US circuit court of appeals on Tuesday. The state is now turning to the country’s highest court to request an emergency appeal. | The request for a stay was denied in Shelby’s court on Monday and in the Denver-based 10th US circuit court of appeals on Tuesday. The state is now turning to the country’s highest court to request an emergency appeal. |
“The Attorney General’s Office is preparing an application to the United States Supreme Court requesting a stay of the district court’s order,” the Utah attorney general’s office said in a statement. | “The Attorney General’s Office is preparing an application to the United States Supreme Court requesting a stay of the district court’s order,” the Utah attorney general’s office said in a statement. |
Due to the necessity of coordination with outside counsel the filing of the appeal may be delayed for a few days. It is the intent of the Attorney General’s Office to file with the Supreme Court as soon as possible. | |
US Justice Sonya Sotamayor will be responding to the request because she oversees the 10th circuit court. A stay could be decided upon within days but it could take a year for the full case to reach the court. | |
Governor Gary Herbert said that state agencies must comply with the ruling, after several counties refused to grant marriage licenses to same-sex couples, including Utah County. A lesbian couple notified Utah County that they intend to sue in response. On Thursday, Utah County clerk Bryan Thompson said the county will issue licenses to all eligible applicants. | Governor Gary Herbert said that state agencies must comply with the ruling, after several counties refused to grant marriage licenses to same-sex couples, including Utah County. A lesbian couple notified Utah County that they intend to sue in response. On Thursday, Utah County clerk Bryan Thompson said the county will issue licenses to all eligible applicants. |
Utah is the 18th state to legalize same-sex marriage. Six states have legalized same-sex marriage since the Supreme Court’s June decision that overturned the federal ban on same-sex marriage and the 10th Circuit’s decision to reject the appeal hints that courts are skeptical of the state’s argument. | Utah is the 18th state to legalize same-sex marriage. Six states have legalized same-sex marriage since the Supreme Court’s June decision that overturned the federal ban on same-sex marriage and the 10th Circuit’s decision to reject the appeal hints that courts are skeptical of the state’s argument. |
Shelby said Utah’s same-sex marriage ban, enacted in 2004, violated same-sex couples' rights to equal protection under the 14th amendment. He also said the state failed to prove how same-sex marriage would have any impact on opposite-sex marriages. | Shelby said Utah’s same-sex marriage ban, enacted in 2004, violated same-sex couples' rights to equal protection under the 14th amendment. He also said the state failed to prove how same-sex marriage would have any impact on opposite-sex marriages. |
If judge Shelby’s decision is overturned, legal experts believe marriages licenses issued in the state to same-sex couples will remain valid. | If judge Shelby’s decision is overturned, legal experts believe marriages licenses issued in the state to same-sex couples will remain valid. |
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