Wednesday, December 25, 2013

Quick Fact: In Utah It's a Merry Christmas Indeed!

On Friday, federal Judge Robert J. Shelby ruled on a case brought by several Utah same sex couples who were challenging Utah's ban on same sex marriage.  Judge Shelby ruled the state's ban was unconstitutional.  Same sex weddings followed within hours.

On Monday, Judge Shelby denied the state an emergency stay to stop the marriages while they fought the case in court.  The state said they would continue with their attempt to stop the marriages and would take their case to the 10th Circuit Court.

Late on Tuesday night, the 10th Circuit Court also denied the state's request for a stay.  The Court said that the state had not shown that they were suffering "irreparable harm" and also failed to demonstrate that it had a "significant' likelihood" of winning their case at the appellate level.

The state's next step will be to seek a stay from U.S. Supreme Court Justice Sonia Sotomayor, who oversees the 10th Circuit Court's cases.  If Justice Sotomayor declines the stay, the state can seek an emergency stay from the entire U.S. Supreme Court bench, which, at best, would be a long shot.

Currently, four Utah counties are ignoring Judge Shelby's ruling and are refusing to issue same sex marriage licenses; but, given that they stated they were waiting for word from the 10th Circuit Court, look for that to change quickly.
Merry Christmas, indeed, Utah!  Merry Christmas, indeed!

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