Judge Denies Utah Attorney General Request to Stay Same-Sex Marriages

So far the Utah Attorney General's and Utah Governor's efforts to stop same sex marriages from taking place in the wake of last week's historic ruling striking down Utah's bans on gay marriage are batting zero.  The U. S. Court of Appeals for the 10th Circuit turned down the Governor's request for an emergency stay of the federal District Court ruling and now the District Court that entered the ruling has refused to halt gay marriages pending an appeal to the 10th Circuit. It goes with out saying that the theocrats are going bonkers and filling the air with spittle flecked shrieks about "activist judges" even though the judge's ruling based on the plain language of the U.S. Constitution is 100% on target.  Here are highlights from the Salt Lake Tribune:

Moments after a federal judge in Utah struck down the state’s request to halt same-sex marriage, there were tears, hugs and high-fives among lesbian and gay couples waiting to wed at county clerks’ offices across the state.

But at the federal courthouse, where the latest clash over these couples’ right to marry was decided Monday, there was little hurrah.

Instead, lawyers who represent the plaintiffs in the case exchanged tenuous smiles and cautious congratulations. They told reporters they were "relieved" rather than thrilled.  They had won the battle, but their fight is far from over.

Just after 11 a.m., U.S. District Judge Robert J. Shelby denied the state’s motion for a stay that would have stopped marriage licenses from being issued to same-sex couples, who came out in record-setting numbers throughout the state to seek the licenses.

Shelby refused to accept the state’s claim that allowing same-sex couples to continue marrying in Utah would cause irreparable harm to the state and — eventually — to the couples themselves. 

"The reality is this is something of a mess," Shelby said. "But, at its core, the state essentially relies and reasserts arguments it previously submitted to me, arguments I previously considered and rejected. Those findings prevent me from providing a stay today."

An hour later, state attorneys filed a request with the 10th Circuit Court in Denver for an emergency order that would stop the marriages. It was the state’s third such request since Friday, when the state filed its appeal of Shelby’s ruling with the circuit court in defense of Amendment 3. 

The previous two were denied by the high court, which oversees federal appeals out of Utah, for procedural reasons.

Utah’s latest filing asks the 10th Circuit Court to stop same-sex marriages immediately, while the appeals court decides whether to overturn Friday’s decision. The appeals court is not expected to make that decision for at least several months.

Monday afternoon, the director of the Governor’s Office of Management and Budget sent an email to Gov. Gary Herbert’s cabinet members requesting a list of state services, programs and policies that might be affected by same-sex marriages.

In the email, which was obtained by The Salt Lake Tribune, Kristen Cox instructs her colleagues to "include a brief outline of the potential impact and conflicts/questions" on their department as a result of the same-sex marriage decision.

In his ruling, Shelby allowed the state to move forward immediately — up the chain to the 10th Circuit, which will ultimately decide whether the district court’s ruling will stand — but it will be several weeks from now until the appeals court will set a schedule for the filing of briefs, a court official told The Tribune.

If things don’t go its way in Denver, said acting Utah Attorney General Brian Tarbet, the state may consider taking the case to the U.S. Supreme Court.

What the state's appeal is really about is trying to force the religious beliefs of bitter, sexually repressed - and I would argue psychologically disturbed  - individuals on all Utah residents, tearing the freedom of religion guaranteed by the U.S. Constitution to shreds in the process.  All so that these people who fear objective reality and have a sick need to feel superior to others can preen in their false piety.  Kudos to the District Court judge for saying "No" to this.