ACLU asks appeals court to overrule Utah on same-sex marriage recognition

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SALT LAKE CITY — Lawyers for four gay couples suing the state of Utah for refusing to recognize their marriages have asked a federal appeals court to rule immediately.

In a filing with the 10th U.S. Circuit Court of Appeals in Denver, the ACLU of Utah asked for Utah’s request to halt same-sex marriage recognition to be rejected and the court to decide the issue immediately.

Read the ACLU’s filing here:


The Utah Attorney General’s Office had no comment on the filing.

The ACLU sued the state on behalf of four gay couples who married after a federal judge overturned Utah’s ban on same-sex marriage last year. More than 1,200 same-sex couples wed over 17 days, until the U.S. Supreme Court halted it pending appeal.

The couples sued after Governor Gary Herbert directed state agencies not to recognize the marriages. Last month, U.S. District Court Judge Dale Kimball ordered the state to recognize them and provide services to the married couples — ranging from adoptions to joint tax filings.

Late Thursday, the federal appeals court granted Utah a temporary stay, halting recognition of the marriages.

The 10th Circuit Court could rule any day now on whether to uphold or reject Amendment 3 itself.

More on FOX 13 News and as we get it…


  • Trish Ramirez

    What an unfortunate waste of the court’s time, of course precipitated by the ridiculous actions of the State in this case. It’s shameful that the State is insisting on so much wasted time and effort fighting a losing battle.

    • Cartman

      Though your hate overrules your intellect, you know perfectly well that the Utah Constitution overrules all three branches of Utah’s government, and that the governor and the AG have a moral, legal and ethical obligation to fulfill the terms of their oaths to uphold and defend that Constitution.

      • John

        Popular vote should never determine law. If we allowed this type of anarchy in our nation there would still be slavery in the south. I am a bit baffled how amendment 3 happened in the first place that directly violates human rights?

  • KurtisA

    Jews & Muslims do not condone the eating of pork. Should EVERYBODY be prohibited from eating pork because it is against Jewish/Islamic law?

    • Bob

      Some people eat pork, KURTISA, but do not condone prostitution. Should EVERYBODY be prohibited from the world’s oldest profession?
      What you do beind the closed doors in your own home is none of my business. Just don’t expect us to accept a marrage between two or three or four of the same gender.

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