UTAH: Watch Gov. Gary Herbert Sign Bill Outlawing Anti-LGBT Discrimination

As you can see in the tweet above, there were two pieces of good news out of Utah last night as the "license to discriminate" bill is dead for this legislative session. The clip below was posted to Gov. Herbert's official YouTube channel.

UTAH: Gov. Gary Herbert Is "Surprised And Disappointed" In SCOTUS Decision

UTAH: Gov & AG Make Nice, State Begins Issuing Same-Sex Marriage Licenses

Utah's governor and attorney general today threw up their hands and said, "Sorry about all that hate. Besties forever?" Via the Salt Lake Tribune:

Salt Lake County District Attorney Sim Gill said marriage licenses would be immediately issued to same-sex couples. "Not to issue one would be a violation of the 10th Circuit’s mandate and a violation of these couples’ constitutional rights," Gill told The Salt Lake Tribune. "We’ve given the go-ahead to begin issuing [marriage] licenses right away." Gov. Gary Herbert said at a news conference that he sent a letter to his cabinet members ordering them to recognize all legally performed marriages, that gay couples can follow the same process as everyone else to get benefits. "We are a nation of laws and we here in Utah, we’ll uphold the law," Herbert said. Utah Attorney General Sean Reyes said he hadn’t had chance to "review the impact of this case" but says it lends clarity to issues of adoption and marriage recognition. "It’s time for people of goodwill on both sides of the issue to come together now and heal any rifts. We are all Utahns," Reyes said. Gill later issued a statement saying he had conferred with Salt Lake County Clerk Sherrie Swensen, advising her she may immediately begin issuing marriage licenses to same-sex couples. "We are excited and pleased that we now have clarity from the courts and the fundamental rights of all Utahns are honored and protected," Gill said. "The legal analysis of Judge [Robert] Shelby has been affirmed to the benefit of all."

The first license was issued at 11AM local time.

BREAKING: US Supreme Court Halts Recognition Of Utah Same-Sex Marriages

Via Chris Geidner at Buzzfeed:

Utah will not need to recognize same-sex couples’ marriages beginning on Monday, following an unsigned order from Supreme Court on Friday afternoon. More than 1,000 same-sex couples married in Utah before the Supreme Court issued a stay in January halting same-sex couples from marrying under a trial court order striking down the state’s ban on such marriages in December 2013. Some of the couples who married during that time sued the state, arguing that the state must recognize those marriages — even while the main case, Herbert v. Kitchen, is appealed. A federal trial court judge agreed, and the state was denied a stay pending the appeal of that second case from the trial court judge and the 10th Circuit Court of Appeals.

Supreme Court Justice Sonia Sotomayor had referred the request to the full court.

UPDATE: Utah Gov. Gary Herbert reacts.

“I believe the Court made the correct decision to issue a stay in the Evans v. Herbert case. This is an important step in the process toward resolution of this issue. Regardless of where you stand on same-sex marriage, all Utahns deserve clarity and finality when it comes to the law. I believe states have the right to determine their laws regarding marriage and, as I have said all along, that decision will ultimately come from the United States Supreme Court.”

Utah To Appeal Marriage Recognition

Via the Salt Lake Tribune:

Utah intends to appeal a federal judge's ruling that requires the state to recognize the same-sex marriages performed during the brief time it was legal in late December and early January. Gov. Gary Herbert and Attorney General Sean Reyes filed a notice of appeal Wednesday in U.S. District Court. The case would go to the 10th Circuit Court of Appeals in Denver. Judge Dale Kimball issued a decision May 19 requiring the state to recognize and grant all benefits to marriages which were performed before the U.S. Supreme Court stayed another federal judge's ruling that allowed same-sex marriage in Utah. Kimball also put his order on hold for 21 days to allow the state time decide whether to appeal.

(Tipped by JMG reader Matthew)

Utah Gov. Gary Herbert Slams Corbett: Not Defending Marriage Leads To Anarchy

Utah Gov. Gary Herbert took a swipe at fellow GOP Gov. Tom Corbett today for not appealing the legalization of same-sex marriage in Pennsylvania.

Herbert made the comments Thursday during his monthly televised news conference on KUED. The Republican governor said he's dismayed by the suggestion that Utah should drop its defense of the 2004 voter-approved ban because public opinion and social mores are shifting. He said seeing Oregon and Pennsylvania leaders this week decide not to appeal rulings from federal judges striking down bans there does nothing to change his thinking. He said those leaders should be "called on the carpet" for their decision. "For elected officials, governors or attorney generals, to pick and choose what laws (they) will enforce I think is a tragedy, and is the next step to anarchy," Herbert said. "We have an obligation as a state to defend those laws."

Herbert went on make the tired "choice" claim: "What you choose to do with your sexual orientation is different in my mind than what you're born with as far as your race. What your attraction may be is something else, but how you act upon those impulses is a choice." Dude, this is just going to make it SO much fucking sweeter when we win.

UTAH: Hundreds Rally At State Capitol For Reinstatement Of Same-Sex Marriage

Eric Holder: The Federal Government Will Recognize Utah's Same-Sex Marriages

Attorney General Eric Holder essentially just told Utah Gov. Gary Herbert to suck it.

The Obama administration on Friday said that it would recognize as lawful the marriages of 1,300 same-sex couples in Utah, even though the state government is refusing to do so. Wading into the fast-moving legal battle over same-sex marriage rights in one of America’s most socially conservative states, the administration posted a video on the Justice Department’s website making the announcement. Attorney General Eric H. Holder Jr. said that the federal government will grant federal marriage benefits to the same-sex couples who had rushed to obtain marriage licenses after a federal judge last month unexpectedly struck down Utah’s ban on same-sex marriage. “I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages,” Mr. Holder said in the video. “These families should not be asked to endure uncertainty regarding their status as the litigation unfolds.”

Holder: "In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples and couples throughout the country are entitled – regardless of whether they are in same-sex or opposite-sex marriages."

View Eric Holder's video message.

UPDATE: The Human Rights Campaign is cheering.

"These 1,360 Utah couples are married, plain and simple, and they should be afforded every right and responsibility of marriage,” said HRC President Chad Griffin following today’s news. “Attorney General Eric Holder has once again shown the kind of leadership that earns you a spot in the history books. This is only the beginning of this fight, and this work continues until marriage equality returns to Utah for good, and full equality reaches every American in all 50 states."

UPDATE II: Freedom To Marry head Evan Wolfson applauds.

"The Attorney General’s determination that the federal government must respect married same-sex couples in Utah as what they are -- married -- is lawful, predictable, and correct. Even though the 1000+ couples married in Utah are encountering unfair treatment and disrespect by their home state and the other remaining states that discriminate, these couples are as married as any couple on the planet. As cases move forward in Utah and numerous states around the country, Freedom to Marry will continue working until all couples share in the freedom to marry and all marriages are respected throughout the United States. We applaud the Attorney General and the Administration for their fidelity to the law, the freedom to marry, and the Constitution’s command of equality.”

BREAKING: Utah AG Says State Will Not Recognize Existing Gay Marriages

Governor Gary Herbert's office has sent a letter to all state agencies. An excerpt:

Based on counsel from the Attorney General’s Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice. Please understand this position is not intended to comment on the legal status of those same-sex marriages – that is for the courts to decide. The intent of this communication is to direct state agency compliance with current laws that prohibit the state from recognizing same-sex marriages. Wherever individuals are in the process of availing themselves of state services related to same-sex marital status, that process is on hold and will stay exactly in that position until a final court decision is issued. For example, if a same-sex married couple previously changed their names on new drivers licenses, those licenses should not be revoked. If a same-sex couple seeks to change their names on drivers licenses now, the law does not allow the state agency to recognize the marriage therefore the new drivers licenses cannot be issued.

Utah Governor Applauds SCOTUS

"The Supreme Court made the correct decision to stay Judge Shelby's ruling in the Amendment 3 case. Clearly, the stay should have been granted with the original District Court decision in order to have avoided the uncertainty created by this unprecedented change. As I have said all along, all Utahns deserve to have this issue resolved through a fair and complete judicial process. I firmly believe this is a state-rights issue and I will work to defend the position of the people of Utah and our State Constitution." - Utah Gov. Gary Herbert, via press release.

UTAH: State Files SCOTUS Reply To Plaintiffs' Brief Opposing Marriage Stay

On Friday, the good guys filed a SCOTUS brief opposing Utah Gov. Gary Herbert's demand for a stay on gay marriages while the Tenth Circuit Court considers their appeal. Today the state fired back with a reply brief. As you'll recall, the plaintiffs' brief denounced the state's citation of the Regnerus study and noted that Regnerus was denounced by the very journal that first published his work. In today's reply, the state essentially says, "Nuh-uh! It is too a valid study!" Dig into their reply at the second link. (Via Equality Case Files)

RELATED: Last week Utah issued a "help wanted" ad seeking outside counsel to represent the state in the case.  The state GOP has declared that it is willing to spend at least $2M to overturn same-sex marriage.

Rachel Maddow On Utah's Marriage Battle

"It turns out, Utah screwed it up." Great recap.

UTAH: Plaintiffs File Opposing SCOTUS Brief To State's Marriage Stay Demand

The plaintiffs in Utah's marriage equality case met the 5pm today deadline set by Supreme Court Justice Sonia Sotomayor and filed their opposition to the emergency marriage stay demand made by Gov. Gary Herbert. The brief cites the Windsor case (of course) and also mentions an article by the Salt Lake Tribune which recounts the over 1200 same-sex marriages that have already taken place.

But the best part of the brief is where they cite the debunking of the Regnerus study, which featured prominently in the state's demand. An excerpt:

The bulk of the research on which Applicants rely is outdated, and the current studies they cite by Mark D. Regnerus, Appl. at 15-17, have been wholly discredited by the scientific community, including the journal which published them. Tom Bartlett, Controversial Gay-Parenting Study is Severely Flawed, Journal’s Audit Finds, Chron. Of Higher Educ., July 26, 2012. Applicants’ citation to the study by Kristin A. Moore, App l. at 15, is equally misplaced because the authors added an introductory note to their study explicitly warning that no conclusions can be drawn from this research about the well-being of children raised by same-sex or adoptive parents. Kristin A. Moore, Marriage from a Child’s Perspective: How Does Family Structure Affect Children, and What Can We Do About It, Child Trends (2002).

Dig into the full brief at the link. (Via Equality Case Files)

And Utah's Gay Weddings Roll On

Utah Delays Marriage Appeal To SCOTUS

Many had expected Utah to rush their emergency stay request to Supreme Court Justice Sonia Sotomayor first thing this morning. But not so.

The attorney general’s office is working to prepare the appeal to the Supreme Court on the 10th Circuit’s denial of a stay. Due to the necessity of coordination with outside counsel the filing of the appeal may be delayed for a few days,” he told FOX 13′s Ben Winslow. “It is the intent of the AG’s office to file with the Supreme Court as soon as possible.” The delay means that same-sex marriages would continue to be performed in Utah until the nation’s top court decides. Justice Sotomayor, who oversees the 10th Circuit and Utah federal courts, could either grant or deny the stay, or she could ask the entire U.S. Supreme Court to decide the issue. An appeal of U.S. District Court Judge Robert Shelby’s ruling that declared Amendment 3 unconstitutional is still pending in the 10th Circuit Court of Appeals. If the Supreme Court denies Utah’s request to halt same-sex marriage licenses from being issued, those marriages would continue to happen throughout the appeals process — which could be decided by 2015.

All but one of Utah's 29 counties are issuing same-sex marriage licenses today. In that one tiny county, the clerk is on vacation.

BREAKING: Tenth Circuit Court DENIES Marriage Stay In Xmas Eve Order

Via Chris Geidner at Buzzfeed:

The 10th Circuit Court of Appeals denied the state of Utah’s request to stop same-sex couples’ marriages during the appeal of the judge’s ruling that started those marriages on Friday.“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” Judges Jerome Holmes and Robert Bacharach wrote in an order signed by court clerk Elisabeth Shumaker for the court.

The denial means that a Friday decision by Judge Robert Shelby striking down the state’s ban on same-sex couples marrying will remain in place during the appeal of the case, absent a contrary ruling from the Supreme Court — to which Utah officials could appeal. Interim requests of the type that would be filed in this situation would go to Justice Sonia Sotomayor, who oversees such requests from the 10th Circuit. She could either decide the matter on her own or refer the matter to the whole court for consideration.

Merry Christmas, UTAH!

UPDATE: The state is going right to Sotomayor.

BREAKING: Judge Shelby DENIES Stay Demand, Marriages To Continue

And now the state will run to the Tenth Circuit Court for the third time, but this time their appeal will be considered. Meanwhile, hell has frozen over and pigs are FLYING in Utah.

Quote Of The Day - Seth Anderson

"Today, December 23, Republican Governor Gary Herbert has declared the State of Utah will go before a judge to 'defend traditional marriage within the borders of Utah.' I don’t know how he can say that as a Utahan and as a Mormon. Traditional marriage in Utah is non-traditional. How delightfully ironic that today, December 23, Mormons will remember the birthday of Joseph Smith, the founder of the Mormon Church, a man who had 34 wives, 1/3 of whom married Joseph while simultaneously married to other men and 1/3 of whom were under the age of 20. The founder of Salt Lake City and colonizer of Utah, Brigham Young, had 55 wives and 34 children. 21 of his wives had never been married, 16 were widows, 6 were divorced, and 6 had living husbands." - Seth Anderson (right), who married on Friday in Utah's first-ever legal same-sex wedding.

BREAKING: Tenth Circuit Court Denies Stay Request From Utah Governor

Via Fox News Salt Lake City:

According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.” According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

Read the full ruling here.

Tomorrow At 9AM: Utah Stay Hearing

The hearing on Utah Gov. Gary Herbert's demand for a stay on same-sex marriages will begin at 9AM tomorrow.

Case Name:      Kitchen et al v. Herbert et al
Case Number:    2:13-cv-00217-RJS
NOTICE OF HEARING ON MOTION: re: [94] Defendant's MOTION to Stay re [90] Order on Motion for Summary Judgment. The court orders the Plaintiffs to file any response to the Defendants' Motion by 5:00pm on December 22, 2013. The Defendants may file a reply at any time before the hearing on Monday morning. Motion Hearing set for 12/23/2013 at 9:00 AM in Room 220 before Judge Robert J. Shelby.