Utah tries to block gay couples from marrying after historic court ruling

A federal judge is scheduled to hear the request on Monday

Topics: Marriage equality, Utah, DoMA, super doma, Gay Rights, LGBT Rights, , ,

Utah tries to block gay couples from marrying after historic court ruling (Credit: AP Photo/Mathew Sumner)

Utah has requested a federal judge block gay couples from getting married following a Friday decision striking down the state’s ban on marriage equality.

According to the court, the Utah ban on marriage equality is a violation of gay and lesbian couples’ 14th Amendment rights.

Lawyers for the state have requested that the ruling be put on hold while they appeal the decision, arguing that gay couples who marry will suffer “irreparable harm” if the state succeeds in appealing the ruling and their marriages are overturned.

In response to the appeal, attorney Peggy A. Tomsic said, ”The status quo in Utah is that same-sex couples are marrying and their marriages must be recognized.”

As the Salt Lake Tribune reports, Tomsic added that the real harm to gay couples would be the continued violation of their constitutional rights, which “cannot be considered a legitimate public interest.” The state has also failed to show how it will be harmed “in any meaningful way” if the marriage equality order remains in place.

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More than 100 gay couples have married in Utah as a result of the ruling, with hundreds more expected to do so on Monday.

A federal judge is scheduled to hear the request Monday morning. As the Associated Press notes, a federal appeals court on Sunday rejected the state’s emergency request to temporarily stay the ruling.

 

 

Katie McDonough is Salon's politics writer, focusing on gender, sexuality and reproductive justice. Follow her on Twitter @kmcdonovgh or email her at kmcdonough@salon.com.

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