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

SALT LAKE CITY — The United States Court of Appeals 10th Circuit in Denver denied a second motion filed by Utah for an Emergency Motion for Temporary Stay on same-sex marriage, Monday.

The motion was filed after U.S. District Judge Robert Shelby’s overruling of Utah’s same-sex marriage ban.

“In effect, the district court decided to impose its own view of marriage on Utah regardless of the fact that Utah had democratically chosen the man-woman definition of marriage and regardless of the fact that the district court’s view might be rejected by (the Supreme) Court,” court documents state.

Shelby scheduled a hearing Monday at 9 a.m. with the state to put a temporary stay on gay marriage after hundreds of couples have now been legally wed.

Same-sex couples throughout the state have been lining up outside of county clerks’ offices to get a marriage license before a ruling comes down.

16 comments

  • Crosby

    The ban was unconstitutional. I imagine that will be held up at the supreme court when the appeals arrive.
    I’m all about power to the people.
    I enjoy my right to bear arms, Let them enjoy the same right to pursue happiness. This nation was founded on a very simple concept: freedom. We can’t preach freedom globally while restricting the freedoms of our own tax paying american citizens.

  • Hugh1

    Not exactly what’s going on here. >>“In effect, the district court decided to impose its own view of marriage on Utah regardless of the fact that Utah had democratically chosen the man-woman definition of marriage and regardless of the fact that the district court’s view might be rejected by (the Supreme) Court,” court documents state.<< Someone said this perhaps, but not the judge, and certainly not the Supreme Court. The judge actually rejected the view that the majority could impose its will on the minority, because it could not find irreparable harm to the majority. And the concept of majority rule, even if by democratically determined, overwhelming majority agreement, is not a principle on which this country was founded or operates on a day to day basis. Come on, a state like Utah exists only as a majority within its own borders, every Utahn should hope that the rights of a minority can never be so casually cast aside. Make the "democratic majority" argument until you are blue in the face, say it again and again and again, and it may make you feel better, but it is a fundamentally flawed concept of equal protection v. majority rule. Move on.

    • Scott Cisney

      Courts may, and have, over-ruled a majority who sought to take away the rights of a minority. This is one of the main purposes of the judiciary. Might does not equate to right.

    • Roger Winchell

      Well said, Hugh1. In my youth the state of Alabama used almost exactly the same argument against school integration. Instead of male-female marriage definition, they used separate-but-equal education. I wish people could see the similarities here.

  • ma

    To my knowledge, there has not been an official vote on the subject since 2004. Shouldn’t there be a more current vote? What about equality for all?

  • ME Baxter

    Governor needs to nullify this fascist judge. There has never been a ruling voiding state’s rights to control marriage whether it be marriage based on nothing more than a shared perversion or marrying your mother. Governor should simply order the county clerks to disregard the illegal decision and continue to enforce the law. Homosexuals and I have perfect marriage equality – neither of us can marry a dude. Proposition 3 and hundreds of years of judicial decisions are the very definition of “due process”. Judge Shelby’s fascism has no basis nor support in law.

    Nullify now.

    • Joseph Stalin

      Take some time to critically study the constitution. You are obviously grasping at straws and throwing out cue words that you don’t understand. You have absolutely no understanding of Fascism, but you are scared out of your mind by your neighbors, and fear breeds irrational thought. This will in no way affect you you are only allowing it to effect you because you have nothing more important to do (Like take care of your family).

    • markwalt

      Ah, the cry of the “oppressed” bigot: When they do what I want, it’s Democracy. When they don’t, it’s Fascism.

      Thank goodness we don’t have *actual* fascism going on, or there’d be a lot of people lined up and shot.

    • Misha

      “There has never been a ruling voiding state’s rights to control marriage”

      Really? Why do you think Utah had to abolish polygamy in order to join the Union?

  • FOX13 fix this story

    Fox13 FIX THIS STORY. Based on other news sites, the 10th circuit hasn’t ruled a second time on our request for an emergency stay.

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