Breaking: Federal judge denies Utah's request for a stay on same-sex marriages

[Hissyspit]

Source: NBC News

@BreakingNews: Federal judge denies Utah's request for a stay on same-sex marriages - @sltrib http://t.co/15qF9n7m3a

Judge denies Utah AG’s request to halt same-sex marriages

By Marissa Lang And Brooke Adams | The Salt Lake Tribune
First Published Dec 22 2013 06:15 pm • Updated 1 minute ago

After listening to an hour of arguments regarding his controversial ruling last week allowing same-sex marriages in Utah, a federal judge on Monday denied the state’s request for a stay.

State attorneys had argued before U.S. District Judge Robert J. Shelby that same-sex couples who marry in Utah may be irreparably harmed if efforts to overturn his ruling succeed and those marriages are later invalidated.

Federal district Judge Robert Shelby’s ruling that struck down Utah’s Amendment 3 touched off a political firestorm and a mad rush by LGBT Utahns seeking marriage licenses to county clerks’ offices across the state.

On Monday at 12:15 p.m., Jennifer Napier-Pearce discusses the legal, cultural and political repercussions of the opinion with University of Utah law professor Clifford Rosky, Q Salt Lake editor Michael Aaron and BYU law professor Lynn Wardle.

A hearing began at 9 a.m. to hear the state’s request for a stay. Shelby retired to deliberate at about 10:20 a.m. He issued his decision at about 11:15 a.m.

Meanwhile, hundreds of same-sex couples resumed obtaining marriage licenses on Monday.


Read more: http://www.sltrib.com/sltrib/news/57299146-78/marriage-state-sex-stay.html.csp

[Swede Atlanta]

1. The state is spot on......

Even if their motives are not.

The concern I have is, absent a stay, marriages will be performed that may ultimately be deemed invalid. How fair would it be to grant something only to take it away?

The judge should have stayed his decision pending appeal, period.

It does no good to grant things that may be subsequently denied.

[Capt. Obvious]

2. Justice delayed is justice denied

Attorneys for the plaintiffs who sued the state over Amendment 3, which banned same-sex marriages, say Shelby already found the law harmed gay couples and demeaned their children. That harm would be extended if a stay is granted, particularly given that more than 100 marriage licenses were issued on Friday to same-sex couples.

"The status quo in Utah is that same-sex couples are marrying and their marriages must be recognized," attorney Peggy A. Tomsic said in the plaintiffs’ response.

A stay would harm couples who want to marry but haven’t yet had a chance to do so, Tomsic said, and would allow the state to continue to violate same-sex couples’ constitutional rights.

That "cannot be considered a legitimate public interest," Tomsic said in her response. And the state has not shown how it will be harmed "in any meaningful way" if the order remains in place, she said.

The state wanted the emergency stay in place to "preserve the status quo" and prevent county clerks from issuing marriage licenses to same-sex couples Monday morning, while they wait to hear what Shelby decides.

[Swede Atlanta]

5. As a gay man I fully support the court's ruling but......

these couples risk the possibility that their marriages will be in limbo land for some time.

Even if the 10th Circuit eventually upholds the District Court's ruling, there is a good chance they will stay their decision pending appeal. Even if they don't and marriages continue, what happens if the SCOTUS eventually holds the marriages invalid?

What does that do to a couple? What happens with their joint marriage returns in the intervening years? Do they need to re-file? The issues are endless.

I for one would not want to run out and get married until the legal issues were resolved.

[pnwmom]

7. One thing to consider is that if there is an appeal to the SCOTUS,

all of these people will have legal standing to participate because of being directly affected by the outcome.

So from that point of view, the more, the better.

[Hamlette]

9. These people are adults, let them decide if they should wait

They all know there is a possibility Shelby could be overturned or that some court might grant a stay. That's why the clerk's offices here in Utah are packed and people waited in line over night to get a license before Shelby could rule. They are afraid it might be taken away and even knowing that,they want to get married because they love each other, and maybe also to show how popular the ruling is.

Over 100 people got licenses Friday between the ruling and when the clerk's office here in Salt Lake closed and I'm sure at least as many have received licenses already today.

It makes it more difficult for the state to argue gay marriage is a fringe issue if hundreds take advantage of this window, no matter how small or cloudy. Think of how this would be interpreted if no one went to get a license. They would say gay marriage is not popular in a state like Utah.

I applaud the courage of those who are getting married knowing it could be taken away. They certainly won't be worse off because of it and they may be helping the cause of equality.

[icarusxat]

12. as with everything in this country...

we are not slaves to the SCOTUS, they are supposed to be answerable to all of us
time for a little accountability?

[Stargleamer]

3. Thinking more long term here. . .

Yes, the 10th Circuit will probably deem these marriages invalid, being as conservative as it is. But I think then it will be appealed to the US Supreme Court, and I think the USSC will overturn the 10th Circuit's ruling. I don't the the U.S. Supreme Court has any choice, based on its earlier ruling striking down DOMA.

It seems to me that it will ultimately pay off for the plaintiffs.

[Tx4obama]

11. The 10th Circuit...

There are TEN active full time judges on the 10th Circuit

Five judges appointed by Dem presidents
Five judges appointed by GOP presidents
Two vacant seats

See Chart here: https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Tenth_Circuit#Current_composition_of_the_court

[LonePirate]

4. The state could stop future irreparable harm by simply dropping all appeals.

Why is this so difficult for the state to understand?

I expect anywhere from 3-6 more states will have their bans overturned next year with Michigan and Ohio topping the list. I would love to see a deep red southern state join the list, such as Alabama or Texas just to keep the momentum going forward.

[brooklynite]

6. Such compassion on the part of the Utah authorities...

We have to deny rights to gays in order to spare them angst...

[SoapBox]

8. Ha! Ain't that the truth.

Ya just gotta love the "Compassionate Conservatives"!

[warrant46]

10. Various hateful religions are against this ruling including a few asshats from the sticks

After all according to Filthy Phil Robertson, gay men might resort to dating a few sheep, goats etc.

And after all He has this creature as a cheer leader