Skip to comments.Utah to Appeal Gay Marriage Ruling to US Supreme Court as Final Holdout Counties Distribute Licenses
Posted on 12/27/2013 12:32:52 PM PST by SeekAndFind
Utah announced its plans to appeal to the U.S. Supreme Court a district judge's ruling that legalized same-sex marriage in the state. The state announced its appeal plans Thursday as Utah's last four holdout counties began issuing marriage licenses to same-sex couples, following the orders of Gov. Gary Herbert.
The office of Utah Attorney General Sean Reyes said that the state will consult with outside attorneys in the coming days and seek an emergency stay with the Supreme Court as soon as possible. "The Attorney General's Office is preparing an application to the United States Supreme Court requesting a stay of the district court's order," the attorney general's office said in a statement.
"Due to the necessity of coordination with outside counsel the filing of the appeal may be delayed for a few days. It is the intent of the Attorney General's Office to file with the Supreme Court as soon as possible."
U.S. Supreme Court Justice Sonia Sotomayor will receive the emergency appeal request because she has jurisdiction over Utah and surrounding states. The magnitude of the state's appeal could cause her to request all of the Supreme Court Justices to offer their opinion on the case.
Last Friday, U.S. District Judge Robert J. Shelby ruled Utah's ban on same-sex marriage was unconstitutional because it violated the right to equal protection and due process under the U.S. Constitution's 14th Amendment. Shelby wrote in his ruling that the ban on same-sex marriage violated couples' "fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason."
Sixty-six percent of Utah's residents voted in 2004 to pass a constitutional amendment defining marriage as being exclusively between a man and a woman. Utah is considered to be a more conservative state on the issue of same-sex marriage, due in part to its large Mormon population and the religion's belief that marriage should be reserved for a man and a woman.
On Monday, the state requested a temporary stay in the district judge's ruling, arguing that they wanted to see the case play out in the appeals court before the state actually allowed same-sex couples to start marrying.
Judge Shelby refused to grant a temporary stay in his own ruling, and the state was also denied an emergency stay by the Denver-based 10th U.S. Circuit Court of Appeals on Tuesday.
The Utah attorney general's office has said it is appealing Judge Shelby's ruling because the "federal district court's ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit [Court of Appeals]."
As Utah announced its plans to appeal to the Supreme Court, the last of the state's holdout counties began issuing same-sex marriage licenses after Gov. Gary Herbert ordered them to do so. Four counties, including Box Elder, Utah, Piute and San Juan had previously refused to issue same-sex marriage licenses in spite of Shelby's ruling.
County clerks told the Associated Press that they had little choice in issuing same-sex marriage licenses after the 10th Circuit Court of Appeals refused to grant an emergency stay on Tuesday. The counties could reportedly be held in contempt of federal court if they continued to refuse to issue the licenses.
San Juan County Clerk Norman Johnson told AP that he was hesitant to begin issuing same-sex marriage licenses because he feels it is not the will of the voters who put him in office over a decade ago, but ultimately the county clerks must abide by state orders. "We have no choice," Johnson said Thursday. "The scales have tipped. It's not the way I want to see things go. But the law's the law, and I accept it. It's time."
Utah Gov. Gary Herbert ordered all counties to comply with Shelby's orders, although he made it clear he disagreed with the judge's ruling. "I am very disappointed an activist federal judge is attempting to override the will of the people of Utah."
What was a sick joke 50 years ago and a stupid liberal idea 20 years ago is now "settled law." BARF!
Time to take country back from a corrupt immoral Supreme Court.
Was never intended for the Court to have this much power, we really messed up the last 50 years or so
A Puerto Rican Spaniard hegemonist oversees the legal landscape of the American Intermountain West.
It's enough to say that the compact is broken, the Union has self dissolved.
Oh Wait. Gary Herbert, alleged American, appointed Sean Reyes, angry hispanic as the Attorney General of the State of Utah. A place the Spaniards passed through 5 centuries ago and...ignored.
Guess they deserve what they get.
What’s gonna happen when president Cruz declares gay marriage illegal by executive order?
“U.S. Supreme Court Justice Sonia Sotomayor will receive the emergency appeal request because she has jurisdiction over Utah and surrounding states.”
I wonder how Sonya will rule?
” following the orders of Gov. Gary Herbert. “
Is this guy missing two things between his legs? The counties were willing to stand firm. WTH?
Gov. Gary Herbert needs to be impeached.
the Utah bureaucrats are obeying their federal masters ...
So why would conservatives want to buy a license and prop up caesars idea of “marriage” in the first place?
Utah should have defied that court ruling
“Whats gonna happen when president Cruz declares gay marriage illegal by executive order?”
He will not. There is 0 pressure from conservative electorate to have this reversed. If tomorrow the SC legalized gay marriage across US, the decision would be met by a collective shrug, just look at Utah. If the people do not rise up, don’t expect a politician to risk his career to save the nation in the face of collective apathy.
When bureaucrats are not held accountable by the public, they will naturally look up to sources of perceived authority. Blame is with public, not bureaucracy.
I wonder, what would happened if a judge in Russia or Pakistan or Ethiopia who made a similar decision?
I think that's why they went for the reddest state. If Utah does not care, America as a whole certainly does not care. People don't want to believe it, but it's true: the country many of us knew and loved is OVER.
I have become convinced in the last few days that we ARE experiencing God’s judgement right now for our sin....this continual and rapid moral decline is the Almighty turning us over to our sinful desires.
The call of His followers is to remain faithful even as the world around us crumbles. He will not abandon us, and we must not abandon Him.
But increasingly it appears the time for rescuing this nation from ruin may be over. We are Jeremiah or perhaps Isaiah witnessing the nation and its leaders devolving into perdition...calling (rightfully) for a return to our moral compass, yet realizing it probably won’t happen.
Not trying to be defeatist, just realistic.
Remain faithful regardless of the world around you. Be Noah.
That’s what I’m thinking -
66% of the state’s people voted for this and one man
substituted his “superior” decision for all these people.
Sorry bud, we aren’t buying it.
Try to enforce your ruling if you dare.
That’s what Romans 1:18 says - the wrath of God is revealed from heaven as [all the stuff you’re seeing happening in the USA today].
The depravity of homosexuality and the acceptance thereof is the final stages of the “giving over” of a depraved people to their rejection of God’s Law.
Utah is interesting. The average Mormon is alot more conservative than the average Catholic or Protestant. But a Mormon is also least likely to toss a brick at a cop or burn cars when things don’t go his way. Hence it is hard to tell if Utah is representative.
Just don’t do it.
Utah should issue a sodomy license to same-sex couples and a marriage license to male-female couples. There is no same-sex marriage....it’s sodomy.
The governor is a coward and a caver. Every bit as pathetic as Romney, and will send Utah down the same path for his treachery.
What are the commie courts going to do? Really. What are they going to do about it?
The governor should have thumbed his nose at this treacherous court system instead of bowing to them. He is a disgrace to his office and to the people.
There is a reason for stays being issued and for "cooling off" times after such a law is passed. It's for state administrators to assess the nature of such a change and to IMPLEMENT them legally, orderly, and properly. Everything about this anarchic edict was anything but any of these.
So why can’t a woman sue the Catholic church to become a priest? If the law says requiring marriage licenses to go to certain genders is discrimination, why isn’t everything else in the country that has a gender requirement also a violation?
We also have to allow men into the Miss America contest, outlaw Best Actor and Best Actress awards, let boys into the girl scouts and vice versa, ban “separate but equal” restrooms, require health insurance to prescribe birth control pills to men, ban all-girls or all-boys schools or dorms, etc.
The only legal system where it must be illegal to deny same-sex marriage is one where gender cannot be used as any kind of criteria for anything. If it’s wrong to use gender as a criteria for marriage, how can you justify using it to withhold any other kind of privilege? There’s simply no logical way that banning same-sex marriage is illegal unless you’re never allowed to use gender as a criteria for anything.
Wisely of course.
Remember when Jeb Bush let an old blind family court judge make him kill Terry?
He will not abandon us individually, but there is good evidence in our culture that we collectively are suffering under the Judgement of Abandonment.
That option ended with Dwight Eisenhower when he threatened to have federal marshals arrest a governor, regardless the issue, that effectively set the precedent.
From the Articles of Ratification of the State of Virginia:
“...that the powers granted under the Constitution, being derived from the people of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression, and thatevery power not granted thereby remains with them and at their will: that therefore no right of any denomination, can be cancelled, abridged, restrained or modified, by the Congress, by the Senate or House of Representatives acting in any capacity, by the President or any department or officer ofthe United States, except in those instances in which power is given by the Constitution for those purposes..”
why remind me?
If Utah turns out to be the first all-out red state that cowardly succumbs to this without a pushback, it will give credence to those who theorized that the leadership there is willing to let this whole fight slide in order to open the door to legalize polygamy. I never really quite bought into that notion, but it will sure look like it.
With the tyranny of federal judges running roughshod over the states and their laws this way, if there is no state putting its foot down against this wave of evil and degeneracy, America might as well just cover the dirt over its grave. No point whatsoever in the preservation of the republic.
Thank John Roberts for this. With his decisions on gay marriage and Obamacare, he is a horrible disappointment. He is verging toward Souter (first Bush), Sandra Day-affirmative action-O’Connor, and Harry baby-killer Blackmun.
But see my quote from the Virginia articles of ratification. As the Constitutional Convention accepted this, it was extended to all the states.
THERE WAS A REASON JEFFERSON DAVIS WAS NOT TRIED FOR TREASON. THIS ISSUE WOULD HAVE COME UP IN COURT.
If I was a County Clerk they would need to arrest or fire my ass cause I would never. let me be clear, NEVER give one to a homosexual.
Thanks for the note. I had not heard that.
Not too many people do.
Virginia and one other state - I can’t remember which, included a similar phrase in their articles of ratification which specifically reserved the right to protect their rights against a tyrannical central government. By accepting those two state articles, the Constitutional Convention in effected applied them to ALL the states that ratified.
Increasingly it appears that there are two irreconcilable visions of America - one a conservative one based on Judaeo-Christian traditional morality and hard work and the Constitution, and one that only wants a government which will redistribute wealth from those who work to those who don’t and become the plantation keeper who looks over them from cradle to grave.
It may become necessary for enough states to invoke this right again to assure that the first group of Americans have a place they can continue to exist in.
I wouldn’t give out licenses.
john roberts: which decisions do you speak of? ... or are you just wondering out loud?
He and the Governor should have simply told the judge to pound sand.
It goes to one of Zero's flunkies who's gonna decline to hear it.
Folks, the ballot box and the legal process ain't cutting it anymore. The time is now to simply disregard all unconstitutional laws that infringe upon both states' rights and the will of the people. The Governor of UT should have told this judge to go to Hell.
She will simply decline to hear the case and the ruling will stay in effect. Obviously, both the UT AG and Governor have no idea who they're playing with. They're playing Go Fish against folks who are playing Texas Hold 'Em.
I wish I were merely thinking aloud. Instead the nightmare about the Roberts court is true —
(1) Roberts found Obamacare constitutional, enraging conservatives.
(2) Since the two gay marriage decisions, several judges have cited the Roberts court in knocking down laws against gay marriage.
See commentary below —
“The U.S. Supreme Court today struck down the key component of the Defense of Marriage Act, handing the Obama administration the power to recognize same-sex marriages nationwide for the purposes of federal benefits.
At the same time, Chief Justice John Roberts perhaps unwittingly gave the administration carte blanche to interpret the DOMA ruling in the broadest terms possible. By rejecting a citizen challenge to the federal court ruling that overturned Californias Prop. 8 ban on same-sex marriage, Roberts may have made it impossible for conservatives to sue the administration over how it recognizes those unions on a federal level.”
have you read the prop-8 opinion, with Roberts and Scalia in the 5-4 majority?
have you read the Windsor DOMA opinion, with Roberts and Scalia in the 5-4 MINORITY?
do you agree with the prop 8 opinion?
do you agree with the prop 8 majority opinion?
Regarding the PROP 8 SCOTUS case:
1. It does not matter what I think or what I agree to, as I am not involved in it. It matters what the facts are.
2. Nobody knows for sure that Kennedy does want to get state marriage laws before the court so that he can do an Amendment 14 national right to gay marriage.
3. Nobody knows for sure that Kennedy does NOT want to do an Amendment 14 national right to gay marriage.
4. IT IS possible Scalia knows Kennedy is ready for #2 and sided against standing to keep Kennedy’s hand off of it for as long as possible ... into the next presidential term with a possible new judge.
5. It is possible #4 is not true.
6. The ruling has to do with standing on referendums and state constitutions ... not explicitly about marriage.
7. When I read thru the majority opinion, I can find areas that are reasonable and some paragraphs that I DO NOT agree with.
8. When I read thru the MINORITY opinion, I can find areas that are reasonable and some paragraphs that I DO NOT agree with.
9. I stopped analyzing the text of SCOTUS opinions after KELO because the populist right (FReeper) do not read them and don’t have an interest.
10. The job of the attorneys is to get plaintiffs who clearly have standing, so you do not risk getting a case rejected on such an issue.
11. The attorneys failed in this case as the court was so divided on the standing of these plaintiffs.
12. it is absurd to think only the AG and GOV could have standing.
13. It is reasonable that the San Diego County clerks have standing (a better choice I believe than the referendum petitioners) ... they pressed their case ... but dropped it in the end, without going to SCOTUS.
14. To me, it seems almost certain that Scalia would have allowed standing for the San Diego County clerks. They were directly impacted by the District Court.
endless comments on this site blaming Roberts for the DOMA decision ... I decided to spend 10 minutes trying to assert some facts ... no interest! ... Ranting is in, facts are not relevant.
Roberts dissented in the DOMA and case Kennedy was the b*tch, so I declare you the winner based on reality.
I ain’t no law talking guy but I’m sure the reason given why it’s actually Roberts fault is a bunch of hooey. Mind you I hate the SOB for Obamacare but come on.