Federal court: No halt to gay marriages in Utah

[Swede Atlanta]

7. Even as a gay man I wish the trial court had issued a stay....

The trial court knew this would be appealed. By not immediately issuing a stay to give the state and other potential plaintiffs with standing an opportunity to appeal, he has placed the marriages in the interim in jeopardy.

The 10th Circuit is very conservative and we still have a generally 5-4 conservative majority on the Supreme Court. So this case is far from over even given the SCOTUS decisions regarding DOMA and California.

I fear that the joyous couples in Utah may ultimately find their marriages ruled invalid ab initio. What if a couple files a joint tax return for 2013? Would they have to re-file individually? What about assumptions of property transfer at death? The list is endless.

I hear the chorus "Justice delayed is justice denied" but in this case it would be better to have final resolution before people change their life positions only to have the assumptions on which those changes were based ripped away.

I do agree that the fact the 10th Circuit refused to issue a stay and marriages continue suggests the marriages will likely be recognized even in the event of an eventual state win.

The fact that Justice Sotomajor is responsible for 10th Circuit emergency appeals is also positive.

But I still fear disappointment. I would rather pursue this legally to the SCOTUS but not place people's lives in limbo.