Gay Marriage | News | Utah

Decision on Utah Stay of Same-Sex Marriage Ruling Won't Come for Days; Judge Trolled Scalia

There won't be a stay in the ruling for days, the AP reports:

ShelbyThe state filed a notice of appeal late Friday and was working on a request for an emergency stay that would stop marriage licenses from being issued to same-sex couples.

‘‘It will probably take a little bit of time to get everything in place,’’ said Ryan Bruckman, a spokesman for the attorney general’s office. Bruckman said the judge told the attorney general’s office that it would be a couple of days before he would review any request for an emergency stay.

Meanwhile, the County Clerk's office in Salt Lake City opens at 11 am on Saturday, ready to marry.

Reuters adds that Judge Shelby (pictured) completely trolled SCOTUS Justice Antonin Scalia in his ruling:

Scalia warned that the Supreme Court's reasoning that struck down the Defense of Marriage Act — which denied federal benefits to same-sex couples — could be used to strike down state laws banning same-sex marriage. Scalia, who's notoriously anti-gay marriage, was saying this was a bad thing. In an interesting twist, Utah's Judge Shelby quoted Scalia's negative prophecy in his pro-gay marriage opinion:

"In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today's opinion ... is that DOMA is motivated by 'bare ... desire to harm' couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status."

Shelby then wrote that he "agreed" with that part of Scalia's opinion, and offered his response. Though Scalia meant it as some kind of dire warning, Shelby cited the Supreme Court's decision as a reason to overturn Utah's law:

The court agrees with Justice Scalia’s interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law.

And also cited Scalia's ruling in Lawrence v. Texas:

The court therefore agrees with the portion of Justice Scalia’s dissenting opinion in Lawrence in which Justice Scalia stated that the Court’s reasoning logically extends to protect an individual’s right to marry a person of the same sex.

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  1. Judge Shelby is beautiful, outside and in! :)

    Posted by: Skip | Dec 21, 2013 11:12:04 AM

  2. Judge is hot. I'd like to bang his gavel.

    Posted by: FakeName | Dec 21, 2013 11:14:16 AM

  3. Woof.

    Posted by: Chris | Dec 21, 2013 11:14:35 AM

  4. Oh, this is all just too delicious.

    Posted by: Andrew | Dec 21, 2013 11:16:35 AM

  5. "The court agrees with Justice Scalia’s interpretation of Windsor..." = YAAASSSS!!!!

    Posted by: Kissyfur | Dec 21, 2013 11:21:20 AM

  6. This is all so funny. Seeing Scalia proven right and so wrong is a great holiday gift.

    Posted by: Paul R | Dec 21, 2013 11:22:25 AM

  7. Utah!!! I imagine the LDS (Mormon) Church is having an absolute fit over this, never would have expected Utah to turn so quickly. What could be any reasonable rational for an appeal? It looks like this judge wrote a compelling decision covering all the bases, much like Judge Walker with Prop 8. Using Scalia's words to reinforce this decision was brilliant.

    Posted by: jsb | Dec 21, 2013 11:30:16 AM

  8. That's amazing!!!!

    Posted by: peterparker | Dec 21, 2013 11:34:16 AM

  9. What a beautiful man with a beautiful soul!

    Posted by: litper | Dec 21, 2013 11:36:36 AM

  10. fakename:
    It is not a good idea to band his gavel. You will get hurt.

    Posted by: simon | Dec 21, 2013 11:36:53 AM

  11. This story is outdated. The state has already filed a request for a stay directly in the 10th Circuit court of appeals. A stay could be granted at any time.

    Posted by: M | Dec 21, 2013 11:40:04 AM

  12. Judge Shelby definitely is a nice looking man. JSB, you're right, Judge Shelby threw the hammer down and really totally destroyed all arguments against marriage equality...the 10th Circuit is quite conservative, but to overrule this will take a lot of work and gymnastics. And it's amazing to see Scalia, to see the Mormons, and to see the Republicans in Utah, take such a HUGE loss. Scalia was right all along---the DOMA decision was/is going to lead to nationwide marriage equality. And that's not a bad thing at all :)

    Posted by: Francis | Dec 21, 2013 11:47:38 AM

  13. Any potential stay won't be granted until Monday or Tuesday at the earliest, M. That was reported yesterday. No stay is expected until early next week. That, of course, if a stay is granted at all, which none of us can say for certain will happen.

    Posted by: Francis | Dec 21, 2013 11:49:29 AM

  14. SLC will not be opening offices to marry same-sex couples. So basically, the number we're at now, somewhere between 110-115 married couples in Utah, in Salt Lake, is the number that we'll be at heading into Monday it appears. Then we'll have to see if a stay is issued before that number is added on to.

    Posted by: Francis | Dec 21, 2013 11:56:12 AM

  15. Nominee for best headline of the year: "Judge Completely Trolls Justice Scalia In Striking Down Utah's Gay Marriage Ban"

    @M: It could be, but since the horse is already out of the barn (a bunch of same-sex couples are married) if there is a stay, a day or two either way isn't going to matter much.

    Posted by: Ernie | Dec 21, 2013 12:04:08 PM

  16. No stay.....the balance of convenience lies with the Respondents- the couples who are married;
    no harm ensues to the Applicants for a stay if it is refused.
    Application for a stay denied. Signed;
    The Federal Appeals Bench.

    Posted by: JackFknTwist | Dec 21, 2013 12:12:10 PM

  17. Would love to see what @Ari would say what justifies a reason for an emergency stay. I know in the past, i.e. the Prop 8 case, they were given out left and right - but now I would think that the bar would have changed a bit.

    Posted by: Gerry | Dec 21, 2013 12:24:08 PM

  18. They see me rulin', they hatin'.

    Posted by: Nirgal | Dec 21, 2013 12:28:38 PM

  19. Another point... recently SCOTUS refused to grant a stay to the Texas abortion law... apparently they didn't think the harm to those seeking abortion was substantial enough to justify a stay. Utah hasn't been able to articulate sufficient harm that gay marriage has caused, but the harm to those who cannot marry is obvious. I can't imagine what legal pretzel a court could twist itself into to justify a stay...this is a federal court of course, but recently the New Jersey SCOTUS refused to stay an order for gay marriage prompting the state to withdraw from their challenge.

    Posted by: Gerry | Dec 21, 2013 12:32:46 PM

  20. Not only did he thrust Scatalia's words and inept logic down his throat, he did it with John Roberts wit.

    Posted by: woodroad34d | Dec 21, 2013 12:34:35 PM

  21. Will no county clerk offices be open this weekend? Somewhere I had read that the Davis or Morgan county offices were opening today.

    Posted by: Jack | Dec 21, 2013 12:56:10 PM

  22. I could hear Scalia's head exploding from here on the West Coast. This is brilliant, turning Scalia's words back on him. It's like my standard response now to being called a faggot: "You say that like it's a bad thing."

    Posted by: SeattleMike | Dec 21, 2013 12:58:20 PM

  23. Shelby ruling is bold, brilliantly framed, every opposition argument refuted (no matter how inept), and even humorous.

    He is now easily a LGBT Hero 2013.

    Well worth the full read.

    Posted by: SERIOUSLY | Dec 21, 2013 2:07:36 PM

  24. This is a great Christmas present.

    Lets hope 2014 brings marriage equality to ALL 50 states!

    Posted by: dearcomrade | Dec 21, 2013 3:23:02 PM

  25. LOL! .. And here's hoping a stay is not granted by using several statements from Justice Kennedy's DOMA opinion about how denial of same-sex marriage creates second class citizens and damages children in those households. That's the "emergency" that needs to be remedied.

    Posted by: Lexis | Dec 21, 2013 3:51:59 PM

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