U.S. Supreme Court grants stay, halts recognition of same-sex marriage in Utah

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SALT LAKE CITY -- The U.S. Supreme Court granted a stay requested by the state of Utah, halting recognition of same-sex marriages performed here.

The ruling issued by the full court sent the case back to the 10th U.S. Circuit Court of Appeals to be litigated. Four gay couples and the ACLU sued Utah after Governor Gary Herbert ordered state agencies not to recognize more than 1,200 same-sex marriages performed after Amendment 3 was struck down by a federal judge.

Read the order from the U.S. Supreme Court:

SCOTUS ruling same-sex marriage recEarlier this year, a federal judge granted an injunction, ordering the state to recognize those marriages.

Utah appealed that decision to the 10th Circuit Court, which also ordered Utah to recognize the marriages but delayed that order from taking effect until July 21 to give Utah time to ask Justice Sonia Sotomayor to grant a stay. Click here for details.

The order indicates she referred the case to the full court, which granted the stay.

"We are deeply disappointed by the decision to grant a stay pending appeal, but despite this setback, we are confident that when the appellate process is completed we will prevail and these lawfully married same-sex couples will once again be given the same legal protections as every other legally married Utah couple," ACLU attorney Joshua Block said in a statement.

Governor Gary Herbert called the stay "the correct decision."

Read Governor Herbert's statement here:

Herbert Statement

Plaintiff Marina Gomberg, who married her wife, Elenor Heyborne, after Amendment 3 was overturned, was disappointed but believed they would prevail in the long run.

"It's more, I think painful than it is frustrating," she told FOX 13's Ben Winslow. "But at the same time, to be LGBT is to have learned how to find optimism when it seems less obvious, and so I think we have gotten great practice on how to be patient. While this is a moment of great disappointment, and for Elenor today, it's a more painful moment, it is with our eyes on the future that we find that optimism and that hope."

ACLU lawsuit plaintiff Marina Gomberg in an interview with FOX 13's Ben Winslow

ACLU lawsuit plaintiff Marina Gomberg in an interview with FOX 13's Ben Winslow

In a statement, Utah Attorney General Sean Reyes acknowledged the "pain and difficulty" caused by the stay, but said it is "necessary to the overall process as we work towards orderly resolution of the Amendment 3 cases as quickly as possible."

Read the full statement from Sean Reyes here:

Reyes statement

The Utah Attorney General's Office told FOX 13 late Friday it is preparing to take the case to the 10th Circuit Court of Appeals. The state is already preparing to ask the U.S. Supreme Court to consider its appeal the Amendment 3 case, in which two federal courts declared Utah's ban on same-sex marriage is unconstitutional.

The ACLU has said it anticipates asking the 10th Circuit Court for an expedited schedule, meaning arguments could be heard in Denver within months.



  • Cindy

    This headline is very misleading. SCOTUS did not halt anything. They have just extended the current stay until everything gets tidied up in the 10th Circuit Court. Nothing has changed.

    • Darrow

      Actually, you’re very incorrect. It is a separate stay. The 10th Circuit stay would have expired at 8am Monday. The Supreme Court’s stay is an affirmative act by the Supreme Court, which wouldn’t have been granted if the state didn’t meet the requirements of a SCOTUS stay: 1) at least four justices would grant certiorari (supreme court review) of the 10th circuit opinion; 2) there is a fair probability that the majority of the justices would vote to reverse the decision of the 10th circuit; and 3) a likelihood of irreparable harm would occur absent issuance of the stay. SCOTUS had to find all three of those things in order to grant the stay. Justice Sotomayor referred the case to the entire Court and so the entire Court considered those three factors and granted the stay. It is true that the 10th Circuit will now hear the merits of the preliminary injunction, but it is hardly a case of “everything get[ting] tidied up.” The stay tells the 10th Circuit that at least four justices would have voted to get the case before the Court, and that there is a “fair probability” that the Supreme Court would have reversed the decision. That changes how the 10th Circuit will treat the case, as the same panel may not hear the case on the merits. The headline isn’t misleading at all, and you should try to understand what you’re talking about before spreading misinformation.

  • Arlee

    Yea! The Stay was granted which Utah’s elected representative requested. Another win in the process for the 98.4% of Utah citizens who are not, and will never accept the homosexual agenda.

    • Tanner Kinsley

      Really? 98.4? Where do you get your math? From your two year old? You people are rediculous. Seriously you all have no logical reason on why they shouldnt be married other than your own religious needs. Its sick. Id love to see the tides turn and not allow you to get married to the one you care about. Remember god created all including them wether you like it or not. GOD IS THE CREATOR OF ALL THINGS and guess what that includes look back ive given your sad mind a hint.

      • Arlee

        Obama’s Center for Disease Control (CDC) just issued a report of an extensive nationwide confidential survey and only 1.6% said they were homosexual. 100% – 1.6% = 98.4%. In Utah it is probably a lot less and in the area of .008% rather than .016%. I am sure this math and fractions is difficult for you to understand.

      • Arlee

        And since you mentioned God. God don’t make no mistakes. It was Jack and Jill that went up the hill not Jack and Jim. God did not make any its!

      • bob

        The only sad and sick mind is yours! She is right on. You all lead a filthy, vile lifestyle, shoving it down our throats. Wait and see.

      • Bridger Larsen

        Well, if you don’t like it, leave. The majority rules and the minority are heard. We heard you, but we also disagree. And you’re right Heavenly Father is the Creator of all things. He also gives you free agency to choose the right or the wrong.So yeah he created them, but they chose.

  • Arlee

    Nice try triller. You are a wolf in sheeps clothing. Ezra Taft Beson was serving as the Mormon Prophet when he said “Homosexuality is a perversion! It is wrong!” Sheep don’t have fangs or growl. Nice try bleeding heart liberal.

  • Lawrence

    GOD did not create LGBT. GOD created man, then created woman. Men, and woman populated the Earth, and they decided to become LGBT, or not LGBT. GOD expressly forbids LGBT in Leviticus 18, and again in Romans 1. Any support of LGBT is in direct opposition to GOD. Adam ate the apple, at Eve’s suggestion. GOD gave us choice; to decide between right and wrong. I struggled with my sexuality since ten years old. In my early twenties, I was in a LGBT relationship for two years. I felt tendencies within me, but after two years, I decided they were wrong, and GOD is right. I chose to believe, and follow The Bible. Everyone has same choice. Read it, or burn it. The Bible clearly states LGBT is in direct opposition to GOD.

  • Bob

    I get confused over this whole LGBT-Q thing. If a female impersonator marries a transgendered person wouldn’t it be a little confusing to children unfortunate enough to be adopted by them?

  • Bob

    Looking at the LGBT-Q thing objectively, can a G also be a B, and is a T precluded from being an L?

Comments are closed.

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