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Appeals court declines to issue stay that would halt gay marriages in Utah

By Brady McCombs and Paul Foy

Associated Press

Published: Tuesday, Dec. 24 2013 5:20 p.m. MST

Couples wait to get marriage licenses outside the Salt Lake County clerk's office, Monday, Dec. 23, 2013.

Ravell Call, Deseret News

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SALT LAKE CITY — A federal appeals court ruled on Tuesday that gay marriages can continue in Utah, denying a request from the state to halt same-sex weddings until the appeals process plays out.

The 10th U.S. Circuit Court of Appeals rejected the state's request for an emergency stay on a federal judge's ruling that struck down Utah's voter-approved constitutional amendment defining marriage as the union of one man and one woman. U.S. District Judge Richard Shelby ruled that it violates the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution.

The appeals court said in its short ruling that a decision to put gay marriage on hold was not warranted, but said it put the case on the fast track for a full appeal of the ruling.

Shelby refused the state's first request to put a halt to the marriages Monday.

Utah's last chance to temporarily stop the marriages would now be the U.S. Supreme Court. That's what the Utah Attorney General's Office is prepared to do, said spokesman Ryan Bruckman. "We're disappointed in the ruling, but we just have to take it to the next level," he said.

Gov. Gary Herbert's office declined comment on the decision.

The appeals court ruling means county clerks can continue to issue marriage licenses to gays and lesbians. About 700 gay couples have obtained marriage licenses since Friday, with most coming in Salt Lake County.

"Until the final word has been spoken by this Court or the Supreme Court on the constitutionality of Utah's marriage laws, Utah should not be required to enforce Judge Shelby's view of a new and fundamentally different definition of marriage," the state said in a motion to the appeals court.

Shelby's decision to strike down a law passed by voters in 2004 drew attention given Utah's long-standing opposition to gay marriage.

In court Monday, assistant attorney general Phil Lott repeated the words "chaotic situation" to describe what has happened in Utah since clerks started allowing gay weddings. He urged the judge to "take a more orderly approach than the current frenzy."

"Utah should be allowed to follow its democratically chosen definition of marriage," he said of the 2004 gay marriage ban.

That confusion stretched to county clerks in Utah, some of whom were refusing to issue marriage licenses to gay couples, even though they could face legal consequences.

The Utah Attorney General's Office warned counties they could be held in contempt of federal court if they refuse to issue the licenses.

Bruckman said the office was not giving legal guidance to clerks' offices.

The U.S. Attorney's Office said prosecution of county clerks is unlikely. The holdouts wouldn't face sanctions unless the plaintiffs who sued Utah asked the judge for a contempt finding, said Melodie Rydalch, a spokeswoman for U.S. Attorney David Barlow.

In the meantime, state agencies have begun trying to sort out how the gay marriages may impact state services.

Herbert's office sent a letter to state agencies Tuesday afternoon advising them to comply with the judge's ruling or consult the attorney general's office if the ruling conflicts with other laws or rules.

The Utah Department of Workforce Services, which administers programs such as food stamps and welfare, is recognizing the marriages of gay couples when they apply for benefits, spokesman Nic Dunn told The Associated Press on Tuesday.

It's unclear whether Utah will allow married same-sex couples to jointly file their state income tax returns next year, as they will be able to do for federal returns.

Charlie Roberts, a spokesman for the Utah State Tax Commission, said the agency still needs to consult the Utah Attorney General's Office about the issue.

In October, the commission stipulated that because Utah did not recognize same-sex marriages, same-sex couples who had married out of state could not file jointly in Utah.

The state income tax forms do not currently require filers to specify gender, so it's possible same-sex couples could have already filed jointly in previous years, but Roberts said the commission has never been aware of such as case.

Utah is the 18th state where gay couples can wed or will soon be able to marry. The legal wrangling over the topic will likely continue for months. The 10th Circuit will likely hear a full appeal of the case several months from now.

Contributing: Michelle Price

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