Appeals Court Denies Request For Emergency Ban On Gay Marriage In Utah

[Tx4obama]

Source: HuffPo

On Sunday, the United States 10th Circuit Court of Appeals denied Utah officials' emergency request to stop same-sex couples from marrying.

The state had filed an emergency motion for temporary stay on Friday, following a Thursday federal court ruling that overturned the state's ban on gay marriage. In the ruling, U.S. District Judge Robert J. Shelby said the state's constitution failed to show that same-sex marriages would impede opposite-sex marriages in any way.

-snip-

The 10th Circuit Appeals Court denied the governor's emergency request "without prejudice."

"Because the motion before us does not meet the requirements of the Federal or local appellate rules governing a request for a stay, we deny the motion," the court held.

Read more: http://www.huffingtonpost.com/2013/12/22/utah-gay-marriage-emergency-stay_n_4490705.html

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10th Circuit Court denies Utah’s Emergency Motion for Temporary Stay

SALT LAKE CITY — Utah Gov. Gary R. Herbert filed seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage, and on Sunday the United States Court of Appeals Tenth District denied the motion.

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.”

According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

-snip-

U.S. District Court Judge Robert Shelby has scheduled a hearing Monday at 9 a.m. on the state’s request to halt same-sex marriages, and pro same-sex marriage groups in Utah encouraged people to take advantage of the limited window in which marriage licenses were guaranteed to be granted in several counties.

-snip-

Full article here: http://fox13now.com/2013/12/22/10th-circuit-court-denies-utahs-emergency-motion-for-temporary-stay/

[bluestateguy]

1. Yes, it's an emergency that gay people can get married

Still there could be a stay any day from the Supreme Court so Utah gays are wise to hurry up and get to the altar.

[christx30]

4. "Oh no! People might be able to live their lives

without my God telling them what to do!!!"
That sounds like an emergency to me. Better call the National Guard to put tanks and automated guns around the JP's office.

[Tx4obama]

2. And an AP article below

Utah's same-sex marriage ban back in court

Dec. 23, 2013 1:35 AM EST

SALT LAKE CITY (AP) — A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday when the state's same-sex marriage ban was overturned.

U.S. District Judge Robert J. Shelby ruled Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.

Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing on the request Monday morning.

On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying they couldn't rule on a stay since Shelby hasn't acted on the motion before him.

Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church.

-snip-

Full article here: http://bigstory.ap.org/article/utahs-same-sex-marriage-ban-back-court

[Loudly]

3. The mayor of Salt Lake City personally performed 35 same sex marriages on Friday

according to one article I saw.

[truthisfreedom]

5. Can't imagine the sound of gnashing teeth

And wringing hands. Welcome to the future, Utah. Next up, I'm gonna come to the salt flats and set an electric record.

[Tx4obama]

6. An article from TPM below

Big News of Out Utah

The 10th Circuit Court of Appeals this afternoon denied Utah's motion for a temporary stay of the federal court ruling which made same sex marriages legal in the state on Friday. (Here's the actual ruling.) That doesn't mean the 10th Circuit backs the lower court ruling ruling, only that it won't prevent more marriages from taking place under the ruling until it hears the merits of the case.

(ed.note: I misinterpreted the Court's ruling. The upshot is the same. But the reasoning is different. The State of Utah is saying that the district court isn't moving quickly enough on its request for a stay so it's jumping up to the appellate court with a request for extraordinary relief. The appellate court is saying, no, you've got to follow standard procedure. The request is premature. So they refused to take it up. The upshot is that the ruling is even more narrow and procedural than I realized.)

In practice that means that marriage certificates will continue to be issued tomorrow morning in the state and probably for some indeterminate period after that until the 10th Circuit rules on the state's actual appeal.

-snip-

http://talkingpointsmemo.com/edblog/federal-court-wont-stop-marriages-in-utah

[SoapBox]

7. Hilarious!

Too bad...so sad...for the Hater crowd!

Not!

[idwiyo]

8. Suck to be them!

[weissmam]

9. just think of all the money the LDS sepnt on this (LOL)

[urbuddha]

10. The Mormons are getting a nice dose of karma.

They poured millions into California to squelch same-sex marriage.
Welcome to the 21st century.
18 down and 32 to go.

[Swede Atlanta]

11. I fully support the right of the Utah LGBT community to marry but.....

The district court judge knew the state would appeal, especially in Utah. By not staying his decision pending an appeal and giving the state or other parties with standing (whoever they might be) a window to appeal he created this circus.

Joyous Utahans married only to find their marriages are in many ways in limbo. Should the state win on appeal it is possible those marriages could be deemed invalid.

He should have stayed his ruling pending appeal.

The Circuit Court did the right thing and the Utah AG is incompetent. He/she should know that an Appeals Court will not issue a stay when a stay is pending in a competent inferior court. That is how it works in our system.

This matter will eventually be resolved by the SCOTUS. The language of the decisions in the California and DOMA cases suggests the Court may well be ready to invalidate state laws and constitutions that prohibit same-gender marriage. But I'm not sure we are there yet. We still see too many conservative 5-4 decisions.