SALT LAKE CITY — Reaction to Monday's U.S. Supreme Court decision not to hear the state's appeal of a lower-court ruling allowing same-sex marriage included concern, celebration and calls for civility.

Sen. Orrin Hatch, R-Utah, said in a statement he believes the high court will still eventually address the issue.

"These are only the first decisions to reach the Supreme Court on this issue, and likely won’t be the last. This issue is actively being litigated across the country and I believe that the court will eventually address it," Hatch said.

Sen. Mike Lee, R-Utah, issued the following reaction:

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High Court rejects same-sex marriage cases from Utah, 4 other states

The U.S. Supreme Court declined Monday to hear same-sex marriage appeals from Utah and four other states, leaving in place lower court rulings that allow gays and lesbians to marry.

“The Supreme Court’s decision to not review the 10th Circuit’s ruling in Kitchen v. Herbert is disappointing. Nothing in the Constitution forbids a state from retaining the traditional definition of marriage as a union between a man and a woman. Whether to change that definition is a decision best left to the people of each state — not to unelected, politically unaccountable judges. The Supreme Court owes it to the people of those states, whose democratic choices are being invalidated, to review the question soon and reaffirm that states do have that right.”

Rep. Chris Stewart, R-Utah, said he was disappointed by the court's refusal to take up the Utah appeal.

"I personally believe that marriage is between one man and one woman and believe that Utahns have the right to decide what’s best for Utah. I am disappointed that the Supreme Court has failed to provide certainty and clarity for Utahns on this issue,” he said.

Salt Lake City Mayor Ralph Becker celebrated the decision.

"Today is a historic day for equal rights in Utah. I wish to congratulate all of the married couples in Salt Lake City who will now have their relationships legally recognized. This is a momentous occasion for civil rights in our state and nation," Becker said.

For Utah's gay couples, Supreme Court decision makes unions 'official'

by Amy Joi O'Donoghue and McKenzie Romero
Sheri Ault and Leslie McWilliams are packing up their belongings, heading out of Utah in a couple of days to begin retirement in Florida.

When they leave, they will exit this state as a legally married couple and take one more thing with them they hadn't necessarily planned on — a marriage certificate that says their vows repeated Monday put them on equal legal footing with married heterosexual couples.

"This was one more thing on a bucket list to do," said Ault, smiling in the Salt Lake County Clerk's Office Monday. "We just didn't plan on doing this today; but all we were doing anyway is packing."

Not long afterward, Ault and McWilliams were married on the second floor of the Salt Lake County Government Center by the Rev. Heron/Tara Sudweeks Willgues of The Church of the Sacred Circle. Their witnesses included a throng of reporters and photographers.

The Monday refusal by the U.S. Supreme Court to take up the arguments of five states — Utah included — that defined marriage as between a man and a woman means gay couples can now legalize their unions.

"These are rights you need to have," Ault said, noting that another couple they know experienced all sorts of hardship because they lacked any legal standing to be involved in critical decisions.

"This just seals it for us," added McWilliams, "and now we are on to another new adventure."

Kelli Frame and Suzanne Marelius were the first same-sex couple to get into the Salt Lake County offices Monday to fill out license paperwork.

"We don't have to rush like the folks who did it last December, so we're going to take a little time," Frame said, adding that an Oct. 24 wedding is planned.

By midday, several couples had filtered into the second floor offices to fill out the paperwork for their pending nuptials.

While the media glare was intense, the day lacked any of the frenzy that existed in that 17-day window in December and January after a federal judge ruled Utah's prohibition on same-sex marriage was unconstitutional and before the state of Utah obtained a stay of that decision.

"We figured in that time we saw 100 or more couples in that first three hours of opening our offices," said Weber County Clerk Auditor Ricky D. Hatch. "I'd never seen such a rush on marriage licenses."

It was definitely less hectic Monday with only two couples applying for a license, but Hatch made it clear: "We are open for business; that is our position."

As news of the shifting marital landscape continued to play out, couples began showing up at clerks' offices to bring legal consummation to their relationship — something they said had been out of reach for too long.

"We are finally a family, both emotionally and legally," said Gregory Enke, with tears in his eyes. "It has been very heartbreaking for us to have this denied. … This helps us to feel validated."

Enke, with his partner Ariel Ulloa, were the third same sex couple of the day at the Salt Lake County Clerk's Office, and after filling out the paperwork, they waited for family to show up before they were to be married by Sen. Jim Dabakis, D-Salt Lake.

"We have finally achieved that moment where we can feel at ease," Ulloa said.

Jackie Biskupski, Utah's first openly gay lawmaker, now works across the hall from the clerk's office and stepped into the commons area to watch couples filtering in.

"This is exciting," she said, noting the day reminded her of that frantic period last December and January when she married 50 same-sex couples.

"Now that this is settled, the focus is getting adoptions done for those couples. That will be the No. 1 priority for them."

The celebration continued Monday night as hundreds gathered at Library Square for a rally, giving a loud and long standing ovation to the plaintiffs and lawyers in the case challenging Utah's nearly 10-year-old ban on same-sex marriage. Couples came carrying signs declaring "I love my husband" and "I love my wife," dancing and singing as they waited for the event.

Troy Williams, newly installed as director of Equality Utah, joined several speakers in congratulating the crowd on its successes attending rallies, writing letters, and talking with friends and families to promote changing the state's marriage laws.

Those efforts must continue, Williams said, as LGBT Utahns continue conversations with those around them and reconnect with friends or family they my have argued with.

"Now is the time to reach out and love them," he urged.

Williams and others also emphasized that the focus must now be placed on establishing non-discrimination protections.

Steph Turpin and Korni Brey, a couple of 11 years now living in Sugar House, shared hugs with many at the rally as they described their upcoming wedding plans. The two women picked up a marriage license in December 2013, but failed to wed before a stay was issued.

Brey's mother passed away since then, adding urgency to the couple's plans. They rushed to pick up a new license Monday and begin plans for a ceremony.

"We always remained hopeful, but very scared at the same time," Brey said. "I mean, she's the love of my life. To have this be legal is just an overwhelming blessing for me."

The couple plans to be married in the next month.

The mayor officiated at many of the marriages of same-sex couples immediately after U.S. District Judge Robert Shelby's December ruling that overturned a voter-approved amendment to the Utah Constitution that defined marriage as between a man and a woman. His ruling was eventually stayed and the status of the same-sex marriages performed put on hold pending the appeal.

Among those couples were Sen. Jim Dabakis, D-Salt Lake, and his longtime partner. Dabakis said the high court's decision allows lesbian, gay, bisexual and transgender families "to no longer be second-class families. This is good for them and for Utah. Equality and fairness have always been Utah values."

Elder Dallin H. Oaks of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints referred to "the strong tide that is legalizing same-sex marriage" Saturday in an address during the church's semi-annual conference. He called for followers to "learn to live peacefully with others who do not share their values or accept the teachings upon which they are based.”

Elder Oaks said: “We should love all people, be good listeners, and show concern for their sincere beliefs. Though we may disagree, we should not be disagreeable. Our stands and communications on controversial topics should not be contentious."

Dabakis cited that address Monday, saying the LDS Church leader's words "heartened" the state's LGBT community. "It is in that spirit of civility, cooperation and respect for diversity that we as Utahns should seek to move forward together and build and even greater state," he said.

State Democratic Party Chairman Peter Corroon also weighed in supporting the court's decision.

"Today's decision acknowledges what Utahns have always known — families come in all shapes and sizes," Corroon said in a statement. "All families are unique, have dignity and deserve equal protection under the law."

He also referred to what was said during the LDS Church's general conference.

"This message echoes statements delivered during this weekend's LDS conference — that everyone deserves respect, regardless of differing opinion on this emotional subject," he said. "The Utah Democratic Party also supports the Supreme Court's decision to protect both individual and religious liberties, meaning no church or religious organization will be compelled to an act that is against their beliefs."

House Minority Leader Jen Seelig, D-Salt Lake, said House Democrats "are excited to know that same-sex couples are no longer in legal limbo, and have a chance to be made whole with the legal recognition of their unions."

Seelig said "today is a day to celebrate" and expressed the "hope that, in this decision, we can respect and support people of differing views. We are all a human family, a Utah family, and now we are a legally united one."

The Sutherland Institute, a conservative public policy think tank based in Salt Lake City, was critical of the decision.

"Children are entitled to be raised by a married mother and father. Sutherland Institute is deeply disappointed that the Supreme Court has failed to correct the lawlessness of lower courts that have deprived the people of Utah and other states of their ability to protect that entitlement," Bill Duncan, director of the institute's Center for Family and Society, said.

"While it appears that Utah is being forced by the federal courts to recognize same-sex marriages, there are still other states whose laws the courts have not yet disrupted. We will provide whatever support we can to those states and hope the Supreme Court will reconsider this unwise action in a future case,” Duncan said.

Charles Stormont, the Democratic candidate for attorney general, said he was not surprised by the ruling. Stormont has said the state should not have pursued the appeal, calling it a waste of time and money.

"The fact that not even four justices were willing to hear Utah’s case, or any of the other six cases addressing the same issue, demonstrates the weakness of the state's case," Stormont said. "After 10 months since the appeals began, now is the time for Sean Reyes to tell the people how much money he has wasted on these fruitless appeals."

One legal expert said the Supreme Court may be waiting to weigh in on the legality of same-sex marriage, or may never weigh in on the issue at all.

“I think the Supreme Court has decided to let the issue percolate a little more among the lower courts. And maybe they’re thinking that the lower courts will never be divided, that they will all say that same-sex marriage is required by the Constitution. And if there's no conflict in the lower courts, there’s no reason for the Supreme Court to step in,” said Paul Cassell, a University of Utah law professor and a former federal judge.

Cassell said it is always possible that a lower court may rule differently than the recent rulings, but if not, there may be no reason for the Supreme Court to make a ruling.

Contributing: Whitney Evans, Sam Penrod and Andrew Adams

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