10th Circuit Court denies Utah’s Emergency Motion for Temporary Stay

Same sex couples wed in Utah Monday. Matt Sampson/Fox 13 News

Same sex couples wed in Utah Monday. Matt Sampson/Fox 13 News

UPDATE: A federal judge denied Utah’s motion for a stay in the 10th District Court Monday. 

Previous story continues below:

SALT LAKE CITY — Utah Gov. Gary R. Herbert filed seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage, and on Sunday the United States Court of Appeals Tenth Circuit denied the motion.

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.”

According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

Click here for the full document: Emergency Motion to Stay denied

During the weekend, several politicians, including Herbert, as well as other advocacy groups spoke out against the ruling that struck down Amendment Three. 

U.S. District Court Judge Robert Shelby has scheduled a hearing Monday at 9 a.m. on the state’s request to halt same-sex marriages, and pro same-sex marriage groups in Utah encouraged people to take advantage of the limited window in which marriage licenses were guaranteed to be granted in several counties.

In a post on their Facebook page, Equality Utah said, “Worst case scenario we will only have 1 hour in which marriages can be performed by the respective county clerks.”

In the post titled, “Everything you need to know about getting married tomorrow morning” Equality Utah said they had confirmed that Salt Lake and Weber county clerks would be open and ready to marry people “exactly at 8am”. The post advised couples to download and fill out their applications online ahead of time to expedite the process.

Brandie Balken, Executive Director of Equality Utah, confirmed the details of the posting to FOX 13 News over the phone Sunday.

Poll: Should same-sex marriages continue in Utah?



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