U.S. court: Utah gay marriages can continue

Michael Winter | USA TODAY

Same-sex marriages can continue in Utah, a federal appeals court ruled Tuesday.

The Denver-based 10th U.S. Circuit Court rejected the state's request to halt the issuance of licences until the appeals process concludes.

The Utah attorney general's office said it was "disappointed" by the court's refusal to issue a stay and would appeal to the U.S. Supreme Court on Thursday morning. Justice Sonia Sotomayor is assigned to oversee the 10th Circuit, the Salt Lake Tribune notes.

U.S. District Judge Richard Shelby struck down the state's voter-approved ban on same-sex marriage Friday, saying it violated the constitutional rights of gay and lesbian couples. Monday, he refused to stop county clerks from issuing licences.

So far, about 700 same-sex couples have received marriage licences, most around Salt Lake City, headquarters of the Mormon church.

Utah is the 18th state where same-sex couples can legally marry, something voters thought they had outlawed in 2004.

Nearly two-thirds of the state's 2.8 million residents belong to The Church of Jesus Christ of Latter-day Saints, which deeply opposes homosexuality and same-sex marriage.

"Until the final word has been spoken by this Court or the Supreme Court on the constitutionality of Utah's marriage laws, Utah should not be required to enforce Judge Shelby's view of a new and fundamentally different definition of marriage," the state said in a motion to the appeals court.

Gov. Gary Herbert's office directed state agencies Tuesday afternoon to comply with Shelby's ruling or consult the Utah attorney general if there were conflicts with local rules.

The Utah Department of Workforce Services, which administers food stamps, welfare and related benefit programs, is recognizing the marriages of gay couples when they apply, a spokesman told the Associated Press on Tuesday.

But at least one county — the state's second largest — was refusing to issue same-sex licences.

"Until I receive further information, the Utah County clerk's office will not be making any policy changes in regards to which we issue marriage licenses," Utah County Clerk Bryan Thompson said in a statement.

A lesbian couple plans to sue the county after a staffer slammed the door in their faces as they tried to get a marriage license Monday.