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

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

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?


  • utahman84120

    there are rules to be followed and the State tried an end around, didn’t work. Bunch of idiots-AG’s office

  • Andrew Bush

    you just couldn’t keep your nose out of California so the battle came to you and you lose on both fronts when pure bigotry, hatred and control of others freedoms have been revealed to be your motives.

    I will never be able to look at Mormons with any trust again. Just proven to be awful people on the national stage.

    • susan lambert

      Not all Mormons are awful people. Some of my best friends are Mormon and support marriage equality and basic human rights. The conservative good ole boys in charge of Utah’s political bullying and heavy handed law making got their first wrist slap ever when the law was overturned on Friday. I’m sure they will find a loophole and try again but I’m glad I was here to see this historic moment!

      • SteveP

        Gov. Herbert and the LDS Church make Utah look like we’re all back wood rednecks from duck dynasty. Shame on you both.

  • Dan Tilley

    I long ago stopped patronizing Mormon owned businesses, including doctors. I don’t want a cent of any money I might generate to go to that Church. What they did in California was unforgivable and immoral. Hope they choke on this ruling.

  • Daniel John

    This same governor won’t even comment on the illegal and immoral conduct of his AD and former AD…but he will SPRINT down to stop legal marriages. The judge’s ruling in this case is so clear…it might be the turning point on this whole issue.

  • angelikabertrand64

    My partner thinks I sound naive for saying this! But if it comes to the point that the UT government overhauls this ruling, why dont we boycott paying State and Federal Income taxes? We are certainly good for that? Where would they be without our millions of tax dollars?

  • Mad dog

    It’s time to start taxing the LDS church. If they are going to continue to try to influence public policy, they need to pay their share.

    • Eric Anderson

      You’d violate two provisions of the First Amendment, but I’m sure you don’t mind. You already have no interest in the 2nd or 10th.

      What other bits of the Bill of Rights do you recommend we ditch?

      • JA

        It’s not unconstitutional to tax churches. That is a popular misconception. They are tax exempt only by the grace of Congress and the respective states in which they sit.

  • Eric Anderson

    I’ve said it before and I’ll say it again: As long as the government is in charge of saying who is “married” and who isn’t then it also has the power to say who CAN “marry.”

    Marriage belongs to society. Society has always decided who is married and who isn’t. This changes nothing.

    The government’s job is to make financial contracts official. Let’s make that a separate issue, and reserve MARRIAGE for The People. Get the m-word out of the government’s hands altogether!

    When you look to the government to enforce YOUR social mores on others, just remember: It can do the same to you……and eventually will.

  • Time

    Yes the judge is an activist Judge.
    Not even people in America care about or understand the principles of the US Constitution.
    States have the right to regulate marriage as long as it doesnt interfer with with true religious beliefs and practices.
    It is a right delegated to the states by the constitution and has been since the United States was formed.
    States have the right to accept and define age and acceptible blood relatives and other things in relation to marriage in their individual borders as long as it doesnt interfer with true religious beliefs and motives.
    This is a judge passing legislation from his bench. The judge is pushing his moral beliefs onto the people of Utah. He is over stepping his constitutional authority. But most judges consider any constitution a convenient document and only use it when it is convenient.
    Shame on judges that push their agenda onto other people because it is popular to do in media circles.
    Yet shame on Utah, for it has been abusing its authority on true religious beliefs and motives all its time as a state.

    • So sad - People need to leave the judging to god

      You need to do more research, the ruling has nothing to do with the judges belief and everything to do with constitution and law.

      The constitution exists to protect the MINORITY!!!

      Besides, don’t we have bigger issues to worry about people? All of the nasty retorts against a type of person that does not affect any of these so called christians truly saddens me.

  • see

    It was said long ago by Mormon Prophets that the nation would accept multiple wives before the wicked and perverted Mormon church would again.
    The Mormon church is about to give in again to popular media pressure and grant its priesthood to the women in its church.

  • You're all a bunch of bigots.

    Oh no. The feds are taking away your right to take away other people’s rights. The tyranny!

Comments are closed.

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.