10th Circuit Grants Utah Extension To File Appeal Of Gay Marriage Ruling: VIDEO


The 10th Circuit Court of Appeals has granted a request by the state of Utah to extend its deadline for filing an appeal in a case challenging the state's same-sex marriage ban, according to KSL Utah. Utah Attorney General Sean Reyes filed the request to extend the deadline to October 22, arguing the state needed the additional time because "the case is 'factually and legally complex' and that the attorneys on the case already have a busy workload." The ACLU, which represents the couples who sued the state for the right to marry, has said that the state had plenty of time to prepare its appeal, arguing further that delays "cause the plaintiffs financial and emotional stress." Meanwhile, the state claims "it has never disputed that the couples 'genuinely feel subjected to hardship' but that their attorneys haven't acknowledged the "equally true proposition" that Utah is harmed by not being able to enforce its laws."

Gay couples in Utah began to marry after Federal Judge Dale Kimball ruled in December of last year that Utah's gay marriage ban "[denied] its gay and lesbian citizens their fundamental right to marry and, in so doing, demean[ed] the dignity of these same-sex couples for no rational reason." The 10th Circuit then upheld Kimball's ruling but the decision was stayed by the U.S. Supreme Court until Utah could appeal the circuit court's ruling. 

Watch a news report on the 10th Circuit's latest decision, AFTER THE JUMP…


  1. Alex Parrish says

    Justice delayed is justice denied. This is just another delaying tactic. Everybody sees right thru it.

  2. D says

    This blog entry incorrectly identifies the judge as Kimball. The actual judge was Robert Shelby. The link is correct, just not the name of the judge.

  3. Randy says

    This case is not factually complex. In fact, the facts were stipulated by both parties. There is no finding of facts that are needed by the judges.

    As for being legally complex, that’s idiocy too. It simply is not legally complex, as there are not that many cases to rely upon for either side. This is not like an interpretation of a IRS code, or the S EC, in which you need expert witnesses to explain the law. Antitrust law can also be very complex, because it can requires reams of economic analysis.

    There is nothing complex about marriage law. I think the lawyers just wanted to stay because they’re hoping that somehow the come up with an original argument in the next couple of weeks.

  4. Will says

    1. I do wonder if Utah wouldn’t rather let Virginia have the honor of losing their argument.

    2. On the other hand, Utah has brought on a new top dog from Michigan to argue their case if they get to the Supreme Court and he has every reason to want to put his stamp of their arguments.

    All in due time.

  5. jamal49 says

    Oh, Christ! Let it rest! Just let it go, Utah! You are going to lose. It is inevitable. Spare yourself and your taxpayers the agony. Just. Let. It. Go.

  6. ben~andy says

    Judge Kimball is who ordered Utah to recognize the SSM that were performed in UT before the Supremes granted a stay. Also a Federal Judge, but not Judge Robert Shelby, hallowed be his name.

  7. woody says

    they may have hip images of snowboarders at park city and rock climbers in the canyonlands, but you can’t put a pretty face on bigotry and unfairness.
    way to go, utah. lookin’ bad where it really counts.

  8. james street james says

    Utah has much to be concerned about. If gays marry then can polygamy be far behind? Slippery slope, slippery slope. (and I’m not referring to the ski runs)

    First two gays marry. Then three. Then some Utah guy has ten wives.