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SALT LAKE CITY — The 10th Circuit Court of Appeals ruled Friday that Utah hasn't proven that the appeals court should stay a lower court's ruling requiring the state to recognize the 1,300 same-sex marriages that were performed in Utah in December and January.
The decision came down late Friday. It allows a temporary stay to continue for 10 days in order for the state to appeal the decision to the U.S. Supreme Court. The state had sought to have the lower court ruling put on hold for the duration of the full appeal. The temporary stay will expire at 8 a.m. on July 21, according to the decision.
Four same-sex couples who married in Utah during the brief time it was legal argued that the state is disrupting their lives because it doesn't recognize their unions. That case was heard in March.
The challenge, Evans vs. Utah, was filed by four same-sex couples who were married between Dec. 20 and Jan 6, the period between U.S. District Judge Robert J. Shelby's ruling that struck down Amendment 3 and a stay of the ruling issued by the U.S. Supreme Court.
The state declined to recognize the marriages, and the couples decided to sue. In May, U.S. District Judge Dale A. Kimball ordered Utah to recognize the marriages and grant benefits to about 1,300 couples married during that window. The state appealed that decision to the 10th Circuit Court of Appeals, which issued a temporary stay in the matter.
Friday's 2-1 ruling says the state did not make a sufficient showing to warrant a stay pending the full appeal.
The Utah Attorney General's office released a statement in response to the court order:
"In response to the United States Court of Appeal for the Tenth Circuit denial of stay in Evans v. Utah, the State is prepared to file an Application for Stay before the United States Supreme Court in the coming days to avoid uncertainty, as noted by the dissenting Judge on the Tenth Circuit. The State recognizes that pending cases regarding same-sex marriage in Utah impact the lives of many individuals and families and is diligently seeking uniform certainty through proper and orderly legal processes until Kitchen v Herbert is resolved."
Marty Carpenter, spokesperson for Governor Herbert, issued the following statement:
"The governor agrees with Judge Kelly who wrote in his dissent that the state and its citizens are better served by obtaining complete, final judicial resolution of these issues. The governor believes that such resolution can only come from the Supreme Court."
Senator Jim Dabakis weighed in on the ruling as well:
"Issue before the court was limited to the 1352 marriages performed while same sex marriage was legal in Utah. Did the Governor have the right to unilaterally declare those marriages void? 10th Circuit said no. But, the court granted a stay on the recognition of those marriages--that stay expires July 21. Today the 10th Circuit in Denver said--no extension of the stay. Meaning, unless Governor Herbert and AG Reyes get a stay from the Supreme Court, the 1352 marriages are legal and lawful on July 22 (great 24th present). Those folks are Utah married and entitled to all the benefits of every married couple.
"I have only one question of the Governor and the Attorney General. How much more money are they going to spend on lawsuits? They have already have committed around $10 million to the Supreme Court case of Kitchen v Herbert. And now, will they open the taxpayers checkbook again? For another, separate appeal in another case? Clearly, that would be fiscally irresponsible and morally reprehensible."
