From Deseret News archives:
California court denies Shurtleff request to delay same-sex marriages
Paul Murphy, spokesman for the Utah Attorney General's Office, said the request for the stay was aimed at preventing the potential for unnecessary litigation.
"We're disappointed and we will prepare to defend the state against any (marriage) recognition lawsuits, and do the best we can to make sure taxpayers don't bare the brunt of this litigation," Murphy said.
Wednesday's decision means that same-sex couples will be able to marry in California on June 17.
The Gay Rights advocacy group Equality Utah issued a statement praising the court's decision, saying, "we can now celebrate with Californians who can now enter into civil marriage without delay."
However, in November, California voters will decide whether to overrule the Supreme Court by amending the state constitution to ban gay marriage.
"People are going to get married in June," Murphy said. "In November voters will decide whether that will continue. During that time, marriages will be taking place."
The 4-3 decision to deny those requests came with the same four justices in the majority who comprised the earlier majority opinion that it was discriminatory to deny marriage rights to same-sex couples. The majority didn't give reasons for denying the stay in its one-page order.
Unlike Massachusetts, the first state in the nation to allow same-sex marriage, California has no residency requirements for its marriage licenses.
Utah's constitution prohibits recognition of same-sex marriage and other domestic unions. However, the state could face a federal challenge on whether the U.S. Constitution requires recognition of the California marriages.
That question has been "hotly debated" by legal scholars for over a decade, said Monte Stewart, president of the Marriage Law Foundation, which supports traditional marriage.
"It is absolutely extraordinary that in about five months the marriage definition in California may well return to the union of a man and a woman," Stewart said. "You're going to have a very complicated issue at that point."
Regardless of whether or not there is litigation, Equality Utah's statement pointed to the group's ongoing support for advocates and political candidates who will work for policy change here.
"What's more important is how we move forward in an effort to achieve a fair and just Utah," the statement said. "Until and unless the law of our great land protects every citizen, it protects no one."
E-mail: dbulkeley@desnews.com
Recent comments
Shurtz, you'd do well to focus on the Kidnapping Trauma that goes on...
Alice in Kidnapper Land | June 16, 2008 at 3:17 p.m.
That wonder why some of us read the Deseret News online if we...
There have been people | June 8, 2008 at 3:43 p.m.
If rights were put to a vote, would we ever have freed the slaves or...
John L. | June 7, 2008 at 6:48 p.m.
- NHL roundup: Panthers tame Wild 8:46 p.m.
- Golf roundup: Tiger puts on a show 8:40 p.m.
- Cholesterol drugs under scrutiny 8:38 p.m.
- National news briefs 8:20 p.m.
- Big games keep UHSAA coffers full 8:19 p.m.
- 'Tweeters' to report on shuttle launch 8:18 p.m.
- Obama urges tough stance on Iran 8:18 p.m.
- Burned food sets off kitchen fire 8:06 p.m.
- Teams working to rescue lost hikers 8:06 p.m.
- Wounded Utes limp home 7:55 p.m.
- SLC council OKs gay rights policies
363 - BYU happy to escape with victory
228 - TCU creams U.
221 - Editorial: Mormons and gay rights
203 - Will state consider gay rights law?
149 - Letters: Strange breed in Utah
133 - Can BYU root for (ick) Utah Utes?
131 - RSL heads to MLS title game
123 - Utes remain silent about BCS
120 - Celtics crush Jazz
104
Sears is holding a special VIP night Sunday, Nov. 15, in stores and online.
How do you handle kids and contests? Our oldest daughter, 7, is of the...
I have had a huge smile on my face all day from last night's game! I would...
Good Job, Springville. Sorry that you have to play Timpview at the state...
Just for discussion sake; what decisions that are made by the UHSAA are...
To Loose Moose, Um, let's see, BYU 7, TCU 38 on your home turf, with a...
It must have been cold there in our shadows Coog fans. And to think we...
TCU beat us. They are a better team this year. They beat BYU. They are a...
Isee today that BYU is 19 Utah is 22. HUH...what do you think of that?...
There are way too many cynical people who comment on these articles. Take...
How about we "restore" all of the sales tax and other exemptions given to...
I agree with you to a certain point. In most years, those teams are good....
