Supreme Court blocks Utah marriage equality ruling

The high court ordered a stop to all same-sex unions being performed pending the state's appeal

Topics: Marriage equality, Gay Rights, LGBT Rights, equal marriage, Utah, , ,

Supreme Court blocks Utah marriage equality ruling (Credit: AP Photo/Mathew Sumner)

In a Monday decision issued without any explanation, the Supreme Court ordered a stop to all same-sex unions in Utah pending an appeal of a lower court ruling striking down the state’s ban on marriage equality.

The high court action comes two weeks after Federal District Court Judge Robert Shelby (unsurprisingly) refused to stay his own decision declaring the law unconstitutional, as well as the United States Court of Appeals for the 10th Circuit also rejecting the state’s request.

The state appealed Shelby’s decision and asked for a stay using the bizarre argument that allowing gay couples to get married while the state appeals the decision would hurt gay couples. A stay of the order would “minimize the enormous disruption to the state and its citizens of potentially having to ‘unwind’ thousands of same-sex marriages,” according to state attorneys.

More from the New York Times:

You Might Also Like

In urging the Supreme Court to stay Judge Shelby’s decision, state officials relied on the second same-sex marriage decision issued by the Supreme Court in June, United States v. Windsor, though the officials conceded that the ruling offered support to both sides in their case.

The Windsor decision struck down the part of the Defense of Marriage Act that denied federal benefits to married same-sex couples in states that allowed such unions. Justice Anthony M. Kennedy, writing for a five-justice majority, grounded his decision partly in federalism principles, saying the regulation of marriage was primarily a matter for the states.

Utah’s brief relied on that part of the Windsor ruling, saying it supported the right of voters in Utah to define who was entitled to marry in the state. But the brief also acknowledged that Justice Kennedy had expressed concern about the harm caused to the children of gay and lesbian couples by laws that demean them.

 

 

 

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.

More Related Stories

Featured Slide Shows

  • Share on Twitter
  • Share on Facebook
  • 1 of 11
  • Close
  • Fullscreen
  • Thumbnails
    jkrebs04, DesignCrowd.com

    Cities without landmarks

    Slide 1

    Niagara Falls, U.S./Canada

    akvarog, DesignCrowd.com

    Cities without landmarks

    Slide 2

    Sydney Opera House, Sydney, Australia

    iMAGICations, DesignCrowd.com

    Cities without landmarks

    Slide 3

    Mount Rushmore, South Dakota, U.S.

    jhgraphicsusa, DesignCrowd.com

    Cities without landmarks

    Slide 4

    Eiffel Tower, Paris, France

    Robert R., DesignCrowd.com

    Cities without landmarks

    Slide 5

    Colosseum, Rome, Italy

    Anythingoes, DesignCrowd.com

    Cities without landmarks

    Slide 6

    Taj Mahal, Agra, India

    Sergio Coelho, DesignCrowd.com

    Cities without landmarks

    Slide 7

    Siena Cathedral, Siena, Italy

    Anythingoes, DesignCrowd.com

    Cities without landmarks

    Slide 8

    Christ the Redeemer, Rio de Janeiro, Brazil

    iMAGICations,DesignCrowd.com

    Cities without landmarks

    Slide 9

    Arc de Triomphe, Paris, France

    iMAGICations, DesignCrowd.com

    Cities without landmarks

    Slide 10

    Lost City of Petra, Jordan

  • Recent Slide Shows

Comments

Loading Comments...