State officials announce appeal plans in their continued attempts to undo the legalization of same-sex marriage in the state

This article is more than 6 years old

This article is more than 6 years old

State officials in Utah plan to appeal to the US supreme court in their continued attempts to undo the legalization of same-sex marriage in the state

District judge Robert J Shelby ruled last week that the state’s ban on same-sex marriage was unconstitutional, leading to hundreds of impromptu weddings across the state. The state requested a stay shortly after and governor Gary Herbert said he did not support the “activist” judge’s decision.

The request for a stay was denied in Shelby’s court on Monday and in the Denver-based 10th US circuit court of appeals on Tuesday. The state is now turning to the country’s highest court to request an emergency appeal.

“The Attorney General’s Office is preparing an application to the United States Supreme Court requesting a stay of the district court’s order,” the Utah attorney general’s office said in a statement.

Due to the necessity of coordination with outside counsel the filing of the appeal may be delayed for a few days. It is the intent of the Attorney General’s Office to file with the Supreme Court as soon as possible.

US Justice Sonya Sotamayor will be responding to the request because she oversees the 10th circuit court. A stay could be decided upon within days but it could take a year for the full case to reach the court.

Governor Gary Herbert said that state agencies must comply with the ruling, after several counties refused to grant marriage licenses to same-sex couples, including Utah County. A lesbian couple notified Utah County that they intend to sue in response. On Thursday, Utah County clerk Bryan Thompson said the county will issue licenses to all eligible applicants.

Utah is the 18th state to legalize same-sex marriage. Six states have legalized same-sex marriage since the Supreme Court’s June decision that overturned the federal ban on same-sex marriage and the 10th Circuit’s decision to reject the appeal hints that courts are skeptical of the state’s argument.

Shelby said Utah’s same-sex marriage ban, enacted in 2004, violated same-sex couples' rights to equal protection under the 14th amendment. He also said the state failed to prove how same-sex marriage would have any impact on opposite-sex marriages.

If judge Shelby’s decision is overturned, legal experts believe marriages licenses issued in the state to same-sex couples will remain valid.