United States Court of Appeals Tenth District Denies Utah Motion to Stay Same-Sex Marriages
Salt Lake City, UT, 22 December 2013 – Not so surprisingly the United States Court of Appeals Tenth District has denied the State’s request for an emergency stay pending appeal to Judge Shelby tomorrow morning various news agencies are now reporting. The Court’s decision is based on the open appeal to Judge Shelby for a motion to stop same-sex couples from continuing to apply for marriage certificates in Utah until the State can mount an appeal to his ruling.
Judge Shelby’s carefully crafted 53-page ruling quotes U.S. Supreme Court Justice Antonin Scalia stating, “Honorable Antonin Scalia recognized that this result was the logical outcome of the Court’s ruling in Windsor :In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today’s opinion . . . is that DOMA is motivated by “bare. . . desire to harm” couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.”
The full text of Shelby’s ruling is available by clicking the link. Although I am not an attorney Shelby’s ruling is clearly written so that anyone reading it can conclude the arguments made by the State have been duly addressed.
Tomorrow we can presume Judge Shelby will deny the State’s motion for appeal; his ruling is not written in a fashion that leaves the question of his feelings on the matter open for further argument before his court. However, we can only hope the Tenth District Court sees the clarity of Judge Shelby’s ruling allowing it to stand. From there the State will appeal to the U.S. Supreme court leaving open the possibility that this will be the end of any state’s ban on same-sex marriages.