Gay Marriage | Utah

Utah AG Requests 'Emergency Stay' Of Gay Marriage Ruling

It appears that Utah is not content to let marriage equality stand after all. As BuzzFeed reports, acting Utah Attorney General Brian Tarbet released a statement announcing the state is requesting an emergency stay of Judge Robert J. Shelby's decision from earlier today that struck down the state's ban on same-sex marriage:

Brian“The federal district court’s ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit. The state is requesting an emergency stay pending the filing of an appeal...The Attorney General’s Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah....

With no stay issued immediately to keep the ruling from going into effect, however, the court’s order in the case would go into effect immediately. And, at least one couple in Salt Lake City did get married on Friday.

According to KSL-TV, “District Attorney Sim Gill said that he has advised clerks to proceed with the marriages, saying ‘As of right now, if somebody gets in line and applies, there is no prohibition against it as a matter of law.’”

There are also unconfirmed reports corroborating DA Sim Gill's statement, suggesting that anyone in line by 5PM today will be married.

The announcement from the AG comes on the heels of Governor Gary R. Herbert's earlier remarks that expressed his "disappointment" over the ruling. Though he did state he planned to confer with legal counsel on the matter, it did not appear that a request for a stay would be imminent. 

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  1. Did the judge actually rule that "same sex marriage is fundamental right"? I thought the judge just ruled that Utah's Amendment 3 was unconstitutional...


    Posted by: Chris | Dec 20, 2013 7:19:56 PM

  2. Meanwhile, Mormons will continue to fight for polygamy, which basically enslaves young women to be breeding machines. Yes, clearly two men or two women consenting to enter into a marriage of equality is a state of emergency, folks... let's call the waaamulance.

    Posted by: graphicjack | Dec 20, 2013 7:28:49 PM

  3. Don't these guys have anything better to do.

    Posted by: Tristram | Dec 20, 2013 7:35:22 PM

  4. I feel sorry for the custodians at the LDS headquarters after everyone "shipped their pants" (to quote Kmart)

    Posted by: chip321 | Dec 20, 2013 8:18:44 PM

  5. As a Utahan I'm thrilled today and early await the corrupt Utah Attorney General's office's continued string of defeats. You're on the wrong moral side of this, losers.

    Posted by: Eric | Dec 20, 2013 8:24:55 PM

  6. The emergency stay won't come tonight, but apparently is likely to come Monday. So the couples who marry tonight will, unless county clerk offices are opened through the weekend, be the only couples who will be legally married in Utah.

    Posted by: Francis | Dec 20, 2013 8:26:46 PM

  7. Quick! It's an emergency! All the gays are getting married and there's nothing we can legally do about it!

    Posted by: Will | Dec 20, 2013 8:56:01 PM

  8. @Francis : wouldn't it be nice if the judge who would be asked for the emergency stay issued a statement that, as a "good Christian", he was shutting down the court through the holiday to allow his employees to be with their families.

    I'd have suggested "good skier" instead of "good Christian" but if Utah is as dry as California is right now, the skiing is not going to be very good.

    Posted by: Bill | Dec 20, 2013 9:14:31 PM

  9. @Chris
    Yes, Judge Shelby ruled that marriage is a fundamental right for all citizens and that the state has no compelling interest to prevent same sex couples from marrying.

    From The Advocate
    Brett Tolman, a former U.S. attorney for Utah who with attorney Paul Burke submitted an amicus brief to the Supreme Court on the federal Defense of Marriage Act on behalf of Utah Pride Center, said Shelby’s ruling is “the correct result. It is a proper analysis of the constitution.”

    “(The ruling) is very strongly worded. It’s definitive. It will make for an interesting decision for those who want to review it, in terms of whether or not they appeal or not,” Tolman said, referring to the strong language on disparate treatment.

    Posted by: SERIOUSLY | Dec 20, 2013 9:55:52 PM

  10. Middle finger to you, Gary R. Herbert, and Brian Tarbet, you agents of bigotry, and puppeteers of Mormon Inc. You've no skin in this game, and you've no control over anyone's private life, you miserable, lunatics.

    Posted by: FlexSF | Dec 20, 2013 10:05:53 PM

  11. AG spokesman just reported that Judge asked to issue stay said it could take several days to review ruling and appeal. May not get stay until after Xmas, if at all. Judge Shelby's ruling is not going to be easy to challenge.

    Posted by: SERIOUSLY | Dec 20, 2013 10:16:55 PM

  12. i wonder if the AG's office is still in disarray following John Swallow's forced resignation last month?

    Posted by: palerobber | Dec 20, 2013 10:37:37 PM

  13. Ugh, old bigots.

    Stop messing with us !!

    Posted by: ME?IMALWAYSRIGHT | Dec 20, 2013 11:24:26 PM

  14. mo, the judge did not find that "same-sex marriage is a fundamental right" (which would indeed be novel). the opinion just reaffirms that "marriage is a fundamental right" which is long settled law. the AG's statement is either dishonest or ignorant.

    Posted by: palerobber | Dec 21, 2013 2:26:17 AM

  15. I love how fascist thesw gays and liberals really are.

    "Yea! Another judge has over ruled the will of the people on an entirely morality based issue. Hurray for dictatorship".

    You phaggets are pathetic and actually making people hate you more.

    At least the blacks had class and used legislation to overturn laws they disagreed with.

    Posted by: Evangelical | Dec 21, 2013 4:07:49 AM

  16. There was magic in the air as more than 120 couples married today in Salt Lake City. Tomorrow morning the Davis County Clerk's office opens at 9am to resume issuing licenses and marrying anyone who comes knocking that meets the requirements and can pay the $50. My wife and I are already married in Canada but it is amazing to be recognized! A beautiful day for those of us who have been waiting decades, those who are newly in love, and all the kids coming of age who can now dream the same dreams as their straight peers. A beautiful day indeed.

    Posted by: Toni S. | Dec 21, 2013 4:24:36 AM

  17. Evangelical: Take your pills and chill out, or you will get a heart attack (not that the world will miss anything)

    Posted by: jjose712 | Dec 21, 2013 8:09:15 AM

  18. Saddest thing on the planet? A heterosexual troll mooching around on a homosexual website. Sadder still - a heterosexual troll with time on his hands ... enough to leave comments on a homosexual blog.

    Posted by: Leroy Laflamme | Dec 21, 2013 8:36:51 AM

  19. Issuing a stay means gay couples get to put their lives on hold for months. Want to appeal?, fine, but screw the stay.

    In the meantime, couples who might have a terminally ill partner, will possibly never live to see the protections of marriage. The white male bigots who block the ruling going into effect get to go home to their families without a thought of the cruelty they impose.

    Posted by: hank kelly | Dec 21, 2013 8:58:43 AM



    Posted by: q | Dec 21, 2013 11:19:11 AM


    Blacks used lesgislation to get equal rights?

    Man, aren't YOU the little historical revisionist.

    Someone seems to forget the National Guard protecting black school children entering their school because...

    ...wait for it...


    So no, fail.

    Posted by: bear | Dec 21, 2013 11:22:43 AM

  22. @Bear: Not to mention Loving v. Virginia.

    Posted by: Ernie | Dec 21, 2013 11:44:32 AM

  23. We don't care what Evangelical conservative homophobic bigots think. Equality is going through without your support.

    Posted by: Francis | Dec 21, 2013 11:51:14 AM

  24. The longer it takes to put a stay in place and the more gay couples who are married in Utah, the weaker the case of the Mormon church and its puppet government in Utah will be. If it takes long enough to argue for a stay on this ruling, the judge to whom it is submitted may just think, "Why bother now?"

    Posted by: RonCharles | Dec 21, 2013 2:14:15 PM

  25. Evangelical's thoughts are just improper. Imagine if his/her's rights and life decisions were either allowed or denied by the whims of others. There would be an uproar of how in just it was. If the group of anti-marriage equality wants respect then they should give up legal decision making to a group gay forum for at least a year. Let them feel the sting of continued farcical posturing and the pain of lost rights for no reason other than questionable moral decision making from people of questionable upbringing or education. In the end the ruling is correct because it took the ability of adults with little to no education on the topic (or period?) and said they cannot be the ones to make private legal decisions for consenting adults...(and tax payers to boot!)

    Posted by: todd | Dec 21, 2013 9:28:39 PM

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