Utah headed to Supreme Court after appeals court refuses to stop same-sex weddings

  Jim Urquhart/ReutersJax Collins and Heather Collins were married Monday at the Salt Lake County Government Building after a federal judge Robert Shelby upheld his own order making same-sex marriage legal in Utah.By M. Alex Johnson, Staff Writer, NBC NewsUtah officials were busy Tuesday night planning an emergency appeal to the U.S. Supreme Court after a federal appeals court denied their request to stop same-sex marriages while they try to overturn a judge's ruling legalizing them.In a two-page order (.pdf) entered late Tuesday in Denver, two judges on the 10th U.S. Circuit Court of Appeals declined to grant Gov. Gary Herbert's request for a stay halting the marriages while Utah pursues its appeal. Herbert's office didn't return a call for comment, but the state attorney general's office — which filed the motion on his behalf — said it would seek an emergency stay with the Supreme Court as early as Thursday. That motion would be heard by Justice Sonia Sotomayor, who has jurisdiction over the 10th Circuit.Herbert asked for a stay Monday after U.S. District Judge Robert J. Shelby upheld his own ruling that Utah's ban on same-sex marriages is unconstitutional.The appeals judges, Robert E. Bacharach and Jerome A. Holmes, fast-tracked Utah's appeal, but they said they wouldn't stop the marriages in the meantime, writing that the state would have a tough time proving that letting the marriages go ahead would cause "irreparable harm" or that it had a good shot at winning its appeal.Bacharach was appointed to the court by President Barack Obama; Holmes was appointed by President George W. Bush. While it prepares its Supreme Court motion,  the attorney general's office issued an advisory opinion telling county clerks that they could be held in contempt of court if they refused to issue marriage licenses. And Herbert's chief of staff sent a message telling state agencies that "where no conflicting laws exist you should conduct business in compliance with the federal judge's ruling until such time that the current district court decision is addressed by the 10th Circuit Court."The state Workforce Services Department said it would recognize the marriages as establishing eligibility for food stamps and other benefits.Hundreds of same-sex couples raced to county clerks' offices to get wedding licenses after Shelby's ruling Monday. Salt Lake County alone issued 353 licenses Monday, NBC station KSL of Salt Lake City reported — 4½ times its previous single-day record for marriage licenses.The Rev. Curtis Price was waiting in the lobby of the Salt Lake County Government Building to marry Shauna Griffen and Brooke Shepherd, who'd spent the night waiting in line wearing matching shirts proclaiming "Love conquers hate.""It was a long night. We were worried," Griffen told KSL. "I had faith in Salt Lake County — they came through."Watch the top videos on NBCNews.comThis story was originally published on Tue Dec 24, 2013 7:44 PM EST

Federal court refuses to halt same-sex marriage in Utah

 NEW YORK — A federal appeals court on Sunday declined to stop officials in Utah from issuing marriage licenses to same-sex couples following a judge's ruling last week that overturned the state's ban on gay marriage.Utah Governor Gary Herbert asked for an emergency stay to prevent marriage licenses from being issued to same-sex couples after U.S. District Judge Robert Shelby on Friday ruled the ban unconstitutional. The parties are due back before Shelby on Monday, as the state begins to appeal his ruling.The ruling, which made Utah the 18th state to allow same-sex nuptials, marked a major victory for gay rights activists in a conservative state where the Mormon Church wields considerable influence.It also touched off a rush to the altar by gay couples, especially in Salt Lake City, where a festive atmosphere broke out in the county government building that played host to a string of impromptu weddings - including that of a state senator to his longtime partner.Shelby found in the case brought by three gay couples that Utah's state constitutional amendment defining marriage as a union between one man and one woman violated the rights of gay couples to due process and equal protection under the U.S. Constitution."I am very disappointed an activist federal judge is attempting to override the will of the people of Utah," Herbert said in a statement after the ruling.Advocates of gay marriage have won repeated victories in recent years as a growing portion of the American electorate has taken a more favorable view of same-sex relationships. A year and a half ago, just six states and the District of Columbia recognized same-sex marriage.In June, the U.S. Supreme Court delivered a landmark victory for gay rights by forcing the federal government to recognize same-sex marriages in states where it is legal and paving the way for gay marriage in California.On Thursday, the New Mexico Supreme Court ruled to allow same-sex marriage across the state. In November, Hawaii and Illinois governors signed bills to legalize same-sex weddings.Related:Copyright 2013 Thomson Reuters. Click for restrictions.