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 judge allows same-sex marriage in Utah to continue

 NBC News' Pete Williams reports on the breaking news that a federal judge has refused, for the third time, to halt same-sex marriages in Utah.By Erik Ortiz, Staff Writer, NBC NewsSame-sex marriages in Utah can continue after a federal judge denied the state’s request Monday to put a temporary hold on the unions.State attorneys argued the stay is necessary while they appeal U.S. District Judge Robert J. Shelby’s ruling Friday that allows gays and lesbians to marry.Shelby, unsurprisingly, decided not to halt his own decision. His earlier ruling had struck down a 2004 state law denying same-sex couples the right to wed, saying the ban is unconstitutional. Jim Urquhart / ReutersNatalie Dicou (left) and her partner Nicole Christensen wait for a marriage license at the Salt Lake County Clerks office in Salt Lake City, Utah, on Friday. A federal judge struck down Utah's ban on same-sex marriage as unconstitutional.It’s the latest blow in the battle over gay marriage for Utah’s attorney general. A federal appeals court in Denver on Sunday rejected the state’s initial request for a stay, essentially saying Shelby must rule on the motion first.Now that he has, the state has gone back to the U.S. 10th Circuit Court of Appeals to file for another emergency stay request.Stuart Gaffney, a spokesman for Marriage Equality USA, said Shelby upholding gay marriage in Utah is “one of the greatest gifts of all” for supporters.“It’s real impossible to argue that marriage equality hurts anybody. It’s now the law in 18 states plus the District of Columbia,” Gaffney told NBC News.When news first broke Friday of Shelby’s ruling, an estimated 100 same-sex couples rushed to file for marriage licenses — a surge of activity that stunned both sides of the debate in a widely conservative state.“It’s like Black Friday for gay people," MickieVee Cochrane, in line Friday at the Salt Lake County Clerk’s office, told the Salt Lake Tribune.Eager couples continued to line up at county clerk’s offices before Monday’s hearing, although there were reports that at least a half-dozen counties were turning away people until the stay was resolved.“It’s almost like they’re teasing us with it. I just don’t think it’s right,” Tabitha Tuck, 31 told The Herald Journal as she unsuccessfully sought a license with her partner at the Box Elder County Clerk’s Office.“It’s not just about marrying a woman and a woman or a man and a man — it’s about being with who you fall in love with,” Tuck added.State attorneys said putting a temporary hold on same-sex marriages would at least avoid potential “irreparable harm” if, ultimately, the marriages are ruled invalid.“The only potential harm plaintiffs may suffer if a stay is granted is, at most, a delay in their ability to marry in Utah or, in the case of an out-of-state marriage, recognition of that marriage,” the state’s motion said. “Granting the stay simply preserves the status quo.”But during Monday’s court hearing, Shelby shot back at the state, asking if it was “irreparable harm” to deprive Utahns of a constitutional right, The Tribune reported.Utah lawyer Philip Lott repeated the words “chaotic situation” to describe what has been happening in Utah since clerks started allowing gay weddings. He urged the judge to “take a more orderly approach than the current frenzy.”“Utah should be allowed to follow its Democratically chosen definition of marriage,” he said of the 2004 gay marriage ban.Lott said the state was disappointed with Shelby’s latest ruling and will continue its legal battle.Peggy Tomsic, the lawyer for the same-sex couples who brought the case, called gay marriage the civil rights movement of this generation and said it was the new law of the land in Utah.“The cloud of confusion that the state talks about is only their minds,” she said.Tomsic said she was relieved that Shelby stuck to his ruling and avoided being pressured by a moral or political majority in the state.“It’s awfully easy to get caught up in the emotion and do a kneejerk reaction,” Tomsic said outside the courthouse in downtown Salt Lake City. “Fortunately, we have a judge who takes his oath of office seriously.”Utah Gov. Gary Herbert advised county clerks to check with their attorneys if they were unsure how to proceed during the state’s appeal.Herbert, a Republican, has vowed to protect “traditional marriage.” He called Shelby, an appointee of President Obama, an “activist federal judge attempting to override the will of the people of Utah.”For now, a state considered as one of the most conservative in the nation has joined the likes of California and New York to become the 18th state where same-sex couples can legally wed.Utah is home to The Church of Jesus Christ of Latter-day Saints, which was one of the leading forces behind California’s short-lived ban on same-sex marriage.“We continue to believe that voters in Utah did the right thing by providing clear direction in the state constitution that marriage should be between a man and a woman, and we are hopeful that this view will be validated by a higher court,” the church said in a statement.NBC News' Pete Williams and The Associated Press contributed to this report.Related:Gay marriage catches conservative Utah off guardJudge strikes down Utah's same-sex marriage banThis story was originally published on Mon Dec 23, 2013 10:33 AM 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.

Utah scrambles to halt same-sex marriages after judge's surprise ruling

 NBC News' Pete Williams reports on the breaking news that a federal judge has refused, for the third time, to halt same-sex marriages in Utah.By Erik Ortiz, Staff Writer, NBC NewsSame-sex marriages in Utah can continue after a federal judge denied the state’s request Monday to put a temporary hold on the unions.State attorneys argued the stay is necessary while they appeal U.S. District Judge Robert J. Shelby’s ruling Friday that allows gays and lesbians to marry.Shelby, unsurprisingly, decided not to halt his own decision. His earlier ruling had struck down a 2004 state law denying same-sex couples the right to wed, saying the ban is unconstitutional. Jim Urquhart / ReutersNatalie Dicou (left) and her partner Nicole Christensen wait for a marriage license at the Salt Lake County Clerks office in Salt Lake City, Utah, on Friday. A federal judge struck down Utah's ban on same-sex marriage as unconstitutional.It’s the latest blow in the battle over gay marriage for Utah’s attorney general. A federal appeals court in Denver on Sunday rejected the state’s initial request for a stay, essentially saying Shelby must rule on the motion first.Now that he has, the state has gone back to the U.S. 10th Circuit Court of Appeals to file for another emergency stay request.Stuart Gaffney, a spokesman for Marriage Equality USA, said Shelby upholding gay marriage in Utah is “one of the greatest gifts of all” for supporters.“It’s real impossible to argue that marriage equality hurts anybody. It’s now the law in 18 states plus the District of Columbia,” Gaffney told NBC News.When news first broke Friday of Shelby’s ruling, an estimated 100 same-sex couples rushed to file for marriage licenses — a surge of activity that stunned both sides of the debate in a widely conservative state.“It’s like Black Friday for gay people," MickieVee Cochrane, in line Friday at the Salt Lake County Clerk’s office, told the Salt Lake Tribune.Eager couples continued to line up at county clerk’s offices before Monday’s hearing, although there were reports that at least a half-dozen counties were turning away people until the stay was resolved.“It’s almost like they’re teasing us with it. I just don’t think it’s right,” Tabitha Tuck, 31 told The Herald Journal as she unsuccessfully sought a license with her partner at the Box Elder County Clerk’s Office.“It’s not just about marrying a woman and a woman or a man and a man — it’s about being with who you fall in love with,” Tuck added.State attorneys said putting a temporary hold on same-sex marriages would at least avoid potential “irreparable harm” if, ultimately, the marriages are ruled invalid.“The only potential harm plaintiffs may suffer if a stay is granted is, at most, a delay in their ability to marry in Utah or, in the case of an out-of-state marriage, recognition of that marriage,” the state’s motion said. “Granting the stay simply preserves the status quo.”But during Monday’s court hearing, Shelby shot back at the state, asking if it was “irreparable harm” to deprive Utahns of a constitutional right, The Tribune reported.Utah lawyer Philip Lott repeated the words “chaotic situation” to describe what has been happening in Utah since clerks started allowing gay weddings. He urged the judge to “take a more orderly approach than the current frenzy.”“Utah should be allowed to follow its Democratically chosen definition of marriage,” he said of the 2004 gay marriage ban.Lott said the state was disappointed with Shelby’s latest ruling and will continue its legal battle.Peggy Tomsic, the lawyer for the same-sex couples who brought the case, called gay marriage the civil rights movement of this generation and said it was the new law of the land in Utah.“The cloud of confusion that the state talks about is only their minds,” she said.Tomsic said she was relieved that Shelby stuck to his ruling and avoided being pressured by a moral or political majority in the state.“It’s awfully easy to get caught up in the emotion and do a kneejerk reaction,” Tomsic said outside the courthouse in downtown Salt Lake City. “Fortunately, we have a judge who takes his oath of office seriously.”Utah Gov. Gary Herbert advised county clerks to check with their attorneys if they were unsure how to proceed during the state’s appeal.Herbert, a Republican, has vowed to protect “traditional marriage.” He called Shelby, an appointee of President Obama, an “activist federal judge attempting to override the will of the people of Utah.”For now, a state considered as one of the most conservative in the nation has joined the likes of California and New York to become the 18th state where same-sex couples can legally wed.Utah is home to The Church of Jesus Christ of Latter-day Saints, which was one of the leading forces behind California’s short-lived ban on same-sex marriage.“We continue to believe that voters in Utah did the right thing by providing clear direction in the state constitution that marriage should be between a man and a woman, and we are hopeful that this view will be validated by a higher court,” the church said in a statement.NBC News' Pete Williams and The Associated Press contributed to this report.Related:Gay marriage catches conservative Utah off guardJudge strikes down Utah's same-sex marriage banThis story was originally published on Mon Dec 23, 2013 10:33 AM EST