The U.S. 10th Circuit Court of Appeals will not stay a ruling from U.S. District Judge Dale Kimball that ordered the state of Utah to recognize the marriages of more than 1300 gay couples. Last month, Judge Kimball ruled that Utah must provide benefits to those couples who were married during a seventeen day period when gay marriage was legal in the state. Utah’s Attorney General’s appealed the case to the 10th circuit asking that it stay the district court ruling.
The fate of about 1300 same sex marriages in Utah is now in the hands of the US 10th Circuit Court of Appeals. The Court granted a temporary stay of a US district court’s order to recognize same-sex marriages performed in Utah during a 17-day window when the unions were allowed. The state Attorney General’s Office requested the stay Thursday and filed a Notice of Appeal on Evans versus State of Utah on Wednesday.
Cherilyn Eager (left), president of the American Leadership Fund, chats with others attending the Amendment 3 rally at the Utah State Capitol on Friday to thank the legal team defending state laws banning same-sex marriage.
Utah’s Marriage Coalition organized a welcome-home rally Friday for the lawyers who argued in defense of Amendment 3, the law that bans same-sex marriage in Utah. Utah Attorney General Sean Reyes had just returned from observing Thursday’s oral arguments before 10th Circuit Court of Appeals in Denver. Reyes says he’s proud to be defending Utah laws and he’s urging civility while the legal process takes its course.
Attorneys representing Utah argued before judges in the Tenth Circuit Court of Appeals today asking them to uphold the state’s law banning gay marriage. Late year, federal district court judge Robert Shelby overturned Amendment 3 when he ruled on a lawsuit brought by three gay couples. Utah attorney Gene Schaerr centered the state’s argument around the idea that opposite sex married couples are better parents than same sex couples. Outside the courthouse in Denver, Utah Attorney General Sean Reyes told reporters that the state is trying to defend its societal interest in traditional mar
Utah’s law banning same sex marriage will be considered by a three judge panel in the Tenth Circuit Court of Appeals on Thursday. Last year, a federal district court judge overturned the law and the U.S. Supreme Court stayed that decision. Since then, similar laws in several other states have been toppled in federal courts, but Utah is the first state to argue an appeal.
The Church of Jesus Christ of Latter-day Saints is not alone in its arguments against the legalization of same-sex marriage in Utah. Other religious groups have signed on to a friend-of-the court brief to the 10th US Circuit Court of Appeals, while another has been filed by Utah state legislators
The Church of Jesus Christ of Latter-day Saints is planning to file a friend-of-the-court brief after all in the appeal of the federal court case on same sex marriage in Utah. The case is currently before the 10th Circuit Court of Appeals in Denver.
The church has been involved in other cases and in political battles involving same-sex marriage in the past. But a spokesperson said shortly after the U-S Supreme Court issued a stay of Judge Robert Shelby’s decision that it probably would not add a formal argument to the case.
A Republican state lawmaker from Tooele County is proposing legislation that would help fund the state’s defense of its law banning gay marriage.
Representative Merrill Nelson’s bill would create a box on the state income tax form and allow state residents to give a portion of their tax refunds to the cause. Nelson says people on both sides of the issue could benefit from his legislation.
A federal appeals court has granted Utah's request for more time to prepare opening arguments in defense of the state's same-sex marriage ban. A lawyer for the plaintiffs in the Amendment 3 case happened to be speaking at the University of Utah Law School today, and said she was disappointed by the extension, but not discouraged.
Utah Governor Gary Herbert says he believes regulating marriage is a state’s rights issue, but he understands many people are disappointed by his order to keep the state from recognizing same sex marriages performed legally after a key federal court decision.
Herbert says he was disappointed by federal Judge Robert Shelby’s decision invalidating Utah’s Amendment Three, which bars recognition of same-sex relationships. But earlier this month, the U.S. Supreme Court stayed Shelby’s ruling putting gay marriages on hold in Utah.
The Church of Jesus Christ of Latter-day Saints has been an active participant in some past court cases involving same-sex marriage, but it doesn’t look like it will make arguments in the state of Utah’s current legal battle.
Governor Gary Herbert’s office is directing state agencies to no longer recognize same-sex marriages. Herbert’s Chief of Staff Derek Miller sent out the directive in an email to members of the cabinet. He says based on the stay issued by the U.S.
The U.S. Supreme Court granted Utah’s request to stay a federal judge’s ruling that overturned the state’s law banning same-sex marriage. The stay effectively stops county clerks from issuing any more marriage licenses to gay couples for now.
Sean Reyes was officially sworn in as the new Attorney General of Utah today in a ceremony at the State Capitol.
In a crowded Capitol Rotunda Sean Reyes took the oath of office to become Utah’s next Attorney General. The ceremony comes less than a year after former Attorney General John Swallow took the same oath, only later to resign in the midst of several investigations into his conduct. Reyes says his first job is to restore the public’s trust in his office.
An expert on marriage law says Utah’s fight against same-sex marriage is a long shot, even as the state is asking the U-S Supreme Court to stay last week’s court decision that legalized it. KUER’s Whittney Evans has more.
University of Virginia constitutional law professor Carl Tobias doesn’t think the Supreme Court will grant a stay in the Utah case. It’s already been turned down by the judge who issued the ruling and by the 10th Circuit Court of Appeals in Denver.
Late Tuesday afternoon, the Tenth Circuit Court of Appeals based in Denver denied Utah’s request to halt a ruling by a federal judge that struck down the state’s law banning gay marriage. The two appeals court judges who denied the state’s request for a stay said in their decision that attorneys failed to prove there was a threat of irreparable harm if the stay was not granted and that that there is the likelihood of a successful appeal.
The Hawaii State Senate will vote on a bill Tuesday that would legalize same-sex marriage in that state, and it’s expected to pass. The Church of Jesus Christ of Latter-day Saints has worked with opposition leaders to fight the bill, but it’s unclear exactly what role the Church is playing.
The Hawaii legislature has opened a special session to look at a bill legalizing same-sex marriages. The Church of Jesus Christ of Latter-day Saints and other conservative religious groups oppose the legislation, but it appears likely to pass.
Hawaii’s state legislature is holding a special session this week to vote on a bill that would legalize same-sex marriage in that state. Hawaii was one of the first states to pass a constitutional amendment on the question, but it didn’t define marriage as amendments in other states have. Instead, it gave that power to the legislature.
A case before a federal court challenges the constitutionality of Utah’s ban on same-sex marriages. And a lawyer for the American Civil Liberties Union says this could be the one that helps decide the issue for the whole country.
The Utah Attorney General’s office responded to a complaint this week challenging Amendment Three in the state’s constitution that defines marriage as union between a man and a woman.
Three couples filed the Utah complaint in federal court just before the U-S Supreme Court heard oral arguments on the federal Defense of Marriage Act and California’s Proposition 8. Utah Attorney General John Swallow and his office responded with an answer to the complaint this week. Swallow says that the Supreme Court’s ruling on DOMA reinforces state’s rights to define marriage.
Now that the Supreme Court has issued its rulings for two major gay marriage cases, the Human Rights Campaign is focusing its attention on Utah. The Campaign’s President Chad Griffin was in Salt Lake City Thursday calling for equality in Utah and the other 36 states that do not allow same-sex marriage.
As the nation digests the US Supreme Court’s decisions on the Defense of Marriage Act and California’s Proposition 8, Utahns are thinking about how the ruling will affect the lives of lesbian and gay people in this state.
Leaders of the Utah Pride Center started their press conference by passing around a box of tissues. Executive Director Valerie Larabee took to the podium with puffy red eyes, calling the Supreme Court decision a pivotal moment.
A gay rights organization announced Monday it is filing a federal lawsuit against the state of Utah. The group Restore Our Humanity is seeking to strike down Utah’s Constitutional Amendment 3, which says that marriage consists only of the legal union between a man and a woman.