Sunday, December 22, 2013

10th U.S. Appellate Court Denies Utah's Stay Of Marriage Ruling

Important news out of Utah on Sunday. The 10th U.S. Circuit Court of Appeals denied the State of Utah's request for an emergency stay of the U.S. District Court Judge Robert Shelby's ruling on Friday which struck down Utah's laws banning same-sex marriage.

This means that it is likely that marriages will continue in Utah until the lower court rules on the the emergency stay request before it which is scheduled before the Court at 9:00am on Monday. However, until Judge Shelby issues a decision on that stay request (or Utah appeals the 10th Circuit denial to the Supreme Court) same-sex marriages will most likely continue.

Buzzfeed's Chris Geidner reports:
Judges Jerome Holmes and Robert Bacharach, in an order signed by court clerk Elisabeth Shumaker for the court, held that the because the state’s request “does not meet the requirements of the Federal or local appellate rules governing a request for a stay,” the court was denying the motion.
“Defendants-Appellants acknowledge that they have not addressed, let alone satisfied, the factors that must be established to be entitled to a stay pending appeal,” the court held. The factors include a showing by the party asking for a stay that they are likely to succeed on appeal, that they would suffer “irreparable injury” if they do not get a stay, that other parties would not injure other parties, and an assessment of where the “public interest” lies.
The judges wrote that the state could refile a similar motion at a later point so long as it complied with the court’s rules. Holmes was appointed to the appellate court by President George W. Bush; Bacharach was appointed by President Obama.
Utah had requested a stay before Judge Shelby and the 10th Circuit and so the denial means that they will have to argue their motion in front of the same judge who has so far ruled against them on the merits of the case. You can read the text of the important orders and decisions in the case here.

Hat/tip to Chris Geidner

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