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10th Circuit Court finds against Utah again — gives 10 days before the state must recognize same-sex marriages already performed

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The 10th Circuit Court of Appeals has denied the state of Utah’s request for a stay and says that the state must recognize more than 1,200 same-sex marriages performed in the state after Amendment 3 was overturned. The court gave the state 10 days to appeal their decision before the Supreme Court.

“To receive a stay pending appeal, a movant must address four things: (1) the likelihood of success on the merits of their appeal; (2) whether they will suffer irreparable harm absent a stay; (3) the absence of harm to the opposing parties; and (4) whether a stay is in the public interest,” the ruling states. “We conclude that appellants [Utah Attorney General Sean Reyes and Utah Gov. Gary Herbert] have not made showings sufficient to warrant a stay pending appeal. We will, however, leave the temporary stay in place until 8:00 a.m., MDT, on Monday, July 21, 2014, to allow appellants time to seek relief from the United States Supreme Court. ”

If U.S. Supreme Court Justice Sonia Sotomayor does not extend the stay by the morning of July 21, Herbert’s order not to recognize the marriages performed in the now-famed “17 days” will be overturned and all state services relevant to marriage must be afforded to the couples.

The four couples were represented by the American Civil Liberties Union, who argued that the state must recognize their marriages, since licenses granted in the 17 days from District Judge Robert Shelby’s ruling and the U.S. Supreme Court issuing a stay — stopping same-sex marriages from happening in the state — were legal at the time the marriages were performed.

Jonell Evans, Stacia Ireland, Marina Gomberg, Elenor Heyborne, Matthew Barraza, Tony Milner, Donald Johnson and Carl Fritz Shultz are the Utah couples who sued the state for recognition.

Judge Kelly once again dissented from the ruling.

The Utah Attorney General’s office said they would file an appeal to the Supreme Court next week.

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