The United States Court of Appeals for the 10th District has denied the state of Utah’s motion for an emergency temporary stay while the state files an appeal to District Judge Robert Shelby’s Friday ruling that Utah’s Amendment 3 and other anti-gay marriage laws are unconstitutional. The court ruled that the motion was incomplete, as well as that Shelby will also be hearing the same case tomorrow, Monday, Jan. 23 and they would not preempt his ruling.
The ruling states that the state “acknowledge that they have not addressed, let alone satisfied, the factors that must be established to be entitled to a stay pending appeal. They state that they do not address the 10th Cir. R. 8.1 criteria because they do not seek a stay pending appeal, but rather a stay pending the district court’s decision on their stay motion. But the appellate and local rules contemplate only a motion for stay pending appeal, and the requirements are clear.”
“Because the motion before us does not meet the requirements of the Federal or local appellate rules governing a request for a stay, we deny the motion,” the court ruled.
The ruling said the denial is without prejudice, meaning the state can refile when all parts required are completed.
Shelby will be hearing the same motion tomorrow morning at 9 a.m. On Friday, he denied a verbal request to stay his ruling.
In the meantime, many county clerks across the state will be issuing marriage licenses to same-sex couples beginning at 8 a.m.