US appeals court grants stay to Utah, keeps recognition of gay marriages on hold
Posted Jun 5, 2014 08:00:15 PM.
This article is more than 5 years old.
SALT LAKE CITY – A federal appeals court on Thursday approved Utah’s request to delay the recognition of more than 1,000 gay marriages.
The decision by the 10th U.S. Circuit Court of Appeals prolongs the uncertainty for the gay and lesbian couples who married immediately after a judge overturned Utah’s same-sex marriage ban and before the U.S. Supreme Court halted them, pending an appeal.
In May, a federal judge said the state’s decision to freeze benefits was harming the couples. U.S. District Judge Dale Kimball ordered Utah to start recognizing the marriages Monday, allowing them to proceed with matters such as child custody, medical decisions and inheritance.
But Gov. Gary Herbert and state Attorney General Sean Reyes, both Republicans, appealed late Wednesday and requested the stay Thursday.
Gay rights activists have won 14 lower court cases since a landmark U.S. Supreme Court ruling last summer. Gay and lesbian couples can marry in 19 states and Washington, D.C., with Oregon and Pennsylvania being the latest states to join the list. In seven other states, a judge has ruled that same-sex marriages should be allowed, but stays in implementing their rulings have been issued pending appeals to higher courts.
In Utah, the temporary stay is in effect until further notice. Plaintiffs have until next Thursday to respond.
The couples married over 17 days in late December and early January after the 2004 ban was overturned. The marriages stopped when the U.S. Supreme Court stayed the ruling, pending an appeal now before the federal appeals court in Denver.
Reyes said in a statement Thursday he recognized the burden on the families stuck in legal limbo. But he said the state believes it’s best to wait for higher courts to rule on the ban.
John Mejia, legal director for the American Civil Liberties Union in Utah, said the four gay couples who brought the lawsuit are disappointed in what they called the state’s “ill-advised” decision to appeal.
The state has spent about $300,000 paying three outside attorneys to defend its ban before the Denver appeals court, Utah attorney general spokeswoman Missy Larsen said. For this case, however, the office plans to continue using internal staff.
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