Monday, January 6, 2014

US Supreme Court Stays Utah's Same-Sex Marriage Decision

The Court today issued a stay in Herbert v. Kitchen of Judge Shelby's decision that Utah's ban on same-sex marriage is unconstititional.

Here's the entire text:

The application for stay presented to Justice Sotomayor and by her referred to the Court is granted. The permanent injunction issued by the United States District Court for the District of Utah, case No. 2:13-cv-217, on December 20, 2013, is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit.

Note that Justice Sotomayor as the Circuit Justice referred the decision to the full Court, an expected but not necessarily routine process.

The Tenth Circuit itself had denied the properly filed emergency motion for stay, concluding it was not warranted and specifically noting that of the four factors governing a stay pending appeal, two - - - the likelihood of success on appeal and the threat of irreparable harm if the stay is not granted - - - are "most critical, and they require more than a mere possibility of success and irreparable harm, respectively." 

The Tenth Circuit also directed expedited review.

The United States Supreme Court's stay thus halts the entering into of same-sex marriages which have been proceeding since the District Judge's order on December 20, but has no effect on the legality of the same-sex marriages entered into during that period. 

http://lawprofessors.typepad.com/conlaw/2014/01/us-supreme-court-stays-utahs-same-sex-marriage-decision.html

Cases and Case Materials, Courts and Judging, Family, Sexual Orientation, Supreme Court (US) | Permalink

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