gay marriage

Photo courtesy ACLU of Utah

The legal fight over same-sex marriage has come to a close in Utah. The state Attorney General’s Office has agreed to pay attorney’s fees for the plaintiffs in the Evans versus Utah case.

Church of Jesus Christ of Latter-day Saints

  A top leader of the Church of Jesus Christ of Latter-day Saints was among the speakers at a colloquium on marriage at the Vatican on Tuesday.

Taylor Hayes/KUER

As same sex marriage once again became legal in Utah yesterday (Monday), state officials and gay couples prepared to accept a new and now permanent change in the law.

When Utahns woke up to the U.S. Supreme Court’s decision Monday, not to hear marriage appeals from five states, the plaintiffs who challenged Utah’s law were still processing the fact that same-sex was now legal. Kate Call expressed relief that her marriage to her wife Karen Archer probably won’t be legally challenged again.

Whittney Evans

Same-sex marriage is once again legal in the state of Utah. The U.S. Supreme Court announced Monday morning it would decline to hear same-sex marriage appeals in five states.

The high court’s refusal to review any of the nation’s gay marriage cases means same-sex couples are free to marry in 11 more states, including Utah. Derek Kitchen is a plaintiff in the case that struck down Utah’s ban. He says families in the 10th circuit, and other states across the country where same-sex marriage bans have fallen, can now plan their lives like every other person in the country.

U.S. Supreme Court Justices will be talking about Utah Monday as it examines a handful of same-sex marriage cases from across the country. But whether the nation’s high court will take up Utah’s case is still unclear.

U.S. District Court Judge Robert Shelby struck down Utah’s gay marriage ban in December 2013, making the state’s ban the first to be challenged by a federal judge. In June of this year, the 10th Circuit Court in Denver concurred with Shelby’s decision. Utah and four other states have since asked the Supreme Court to settle these cases once and for all.

The U.S. Supreme Court announced this week that justices will review same sex marriage cases from five states including Utah at a private conference later this month.  It is the first step the court will take in deciding whether or not to consider any of the cases in its upcoming session.  

Attorneys for the plaintiffs challenging Utah’s ban on same sex marriage, announced today that they will join the state in asking the U.S. Supreme Court to hear the case. 

The Utah Attorney General’s office today has asked the U.S. Supreme Court to weigh in on the state’s same-sex marriage battle. The decision comes after the 10th Circuit court of appeals in Denver ruled Utah’s ban on gay marriage is unconstitutional.

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.

Officials with the Utah Attorney General’s office announced today that lawyers for the state will appeal the latest ruling against Amendment 3 directly to the U-S Supreme Court.

Photo courtest Matthew Barraza

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.

UPDATED AT 10:30 P.M. 5/19/14.

A federal judge ruled on Monday that Utah must recognize more than 1,000 same-sex couples who married in the state during a brief period of time when such marriages were legal. 

Judy Fahys / KUER News

    

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.

Megan Verlee, CPR

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.  

Ethics and Religious Liberty Commission of the Southern Baptist Convention

  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

  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.

    

Supporters and opponents of same-sex marriage gathered for separate rallies Tuesday night at the state Capitol. Both sides said fundamental values are at stake. 

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.

Judy Fahys

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 Education Network

  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.

Brian Grimmett

Hundreds of same-sex marriage supporters gathered at the State Capitol this afternoon to urge the governor to stop fighting the case against Utah’s Amendment 3. 

  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.  

Brian Grimmett

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.

Brian Grimmett

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.

richardfale.com

  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.

Wikimedia Commons

  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.

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