UTAH: Gay Lawmaker Claims AG Is Prepping To End Same-Sex Marriages

Openly gay Utah state Sen. Jim Dabakis has posted a Facebook message in which he claims to have insider knowledge that the Supreme Court ruling on marriage will come tomorrow or Friday. Dabakis goes on to declare that the Utah attorney general already has a legal team preparing to suspend same-sex marriages should the ruling go against us. The latter claim has AG Sean Reyes fuming:

“Senator Dabakis’ comments are irresponsible and not grounded in any fact. Our office is not preparing any litigation to undo marriages and the Attorney General has not made any statements guaranteeing or predicting a win for the states on the issue,” Reyes said in an emailed statement to FOX 13. “Our office has carefully and conscientiously approached the marriage issue during the entire legal process with the respect and dignity it deserves. It is too bad the Senator continues to try to incite fear and use hate mongering on an issue so important to many people.” “Hiding behind the device of a rumor from a ‘guy who should know,’ the Senator could have easily called our office in a minute to find out the truth. Clearly, he chose not to so he could generate anxiety and conjure doubts among those who believe, or may be led to believe, our office bears any ill will towards them. We most certainly do not.”

Dabakis has responded on Facebook: "On my blog, I told the truth. The Attorney General takes offense. Sorry you're offended by my post. Imagine, Mr AG, how offensive it is to thousands of Utah LGBT families--you trying to break them apart. Sorry your sore--but imagine the pain created if you get your way. Loads of happy Utah youngsters with same sex parents--children that will be, suddenly, legal strangers with one of their own parents. Imagine that pain."

RELATED: In April, Dabakis announced his intent to run for mayor of Salt Lake City. Dabakis, who is the co-founder of Equality Utah and the Utah Pride Center, married his husband in 2013 on the day that same-sex marriage became legal there. The ceremony was officiated by current Salt Lake City Mayor Ralph Becker, a Democrat, who has already announced his plan to run for a third term. Dabakis is Utah's only openly gay state lawmaker.

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.

UTAH: Facebook Donates $10K To The Campaign Of Anti-Gay AG Sean Reyes

Q Salt Lake reports:

According to disclosures filed with the Utah Lieutenant Governor’s office, Facebook, Inc. donated $10,000 to the campaign of Attorney General Sean Reyes on May 13, 2014. Facebook, according to its “diversity” page, “values the impact that every individual can have. We are dedicated to creating an environment where people can be their authentic selves and share their diverse backgrounds, experiences, perspectives and ideas.” When asked about the donation to the person who has arguably become the face of legal opposition to marriage equality in America, a Facebook spokesperson responded with: “Facebook has a strong record on LGBT issues and that will not change, but we make decisions about which candidates to support based on the entire portfolio of issues important to our business, not just one. A contribution to a candidate does not mean that we agree with every policy or position that candidate takes. We made this donation for the same reason we’ve donated to Attorneys General on the opposite side of this issue – because they are committed to fostering innovation and an open Internet.”

Earlier this month Reyes filed the first same-sex marriage overturn appeal with US Supreme Court. A petition which demands that Facebook retract its support for the Reyes campaign has been launched.

UTAH: State Formally Files First Appeal Of Same-Sex Marriage Overturn To SCOTUS

Via the LDS-owned Deseret News:

Utah on Tuesday became the first state to ask the U.S. Supreme Court to weigh in on a law banning same-sex marriage that two lower courts have struck down. The Utah Attorney General's Office filed the petition with the high court, saying it has a responsibility to defend the state constitution and its amendments as Utah citizens have enacted them. “We recognize this litigation has caused uncertainty and disruption and have accordingly tried to expedite its resolution as quickly as possible by filing our petition a full month and a half before its September 23 due date," Attorney General Sean Reyes said in a statement.

"Utah welcomes a speedy grant of the petition and a Supreme Court merits decision, as all Utah citizens will benefit when the Supreme Court provides clear finality on the important issue of state authority to define marriage.” The petition doesn't necessarily mean the Supreme Court will hear Utah's case, Kitchen v. Herbert. The justices could have at least six appellate decisions to consider if they take up gay marriage again in court's next term, beginning Oct. 6. The 10th Circuit Court of Appeals in Denver overturned same-sex marriage bans in Utah and Oklahoma in June and July, respectively. The 6th Circuit in Cincinnati will hear arguments Wednesday for Ohio, Michigan, Kentucky and Tennessee. The 7th Circuit in Chicago is set for arguments on Aug. 26, and the 9th Circuit in San Francisco for Sept. 8.

Notices of appeal to SCOTUS have also been filed by the clerk for Oklahoma's Tulsa County and the clerk for Virginia's Prince William County, both of which were done by the Alliance Defending Freedom. Neither have yet been formally filed. (Tipped by JMG reader Alison)

Dig into the filing.

UPDATE: A quick search reveals that the word "religion" only appears seven times in the lengthy brief. Appearing 36 times is "gay" and "same-sex" is in there a whopping 236 times. NOT mentioned in the brief: "Regnerus" and "God."

UPDATE II: The National Center for Lesbian Rights reacts.

Today, the Utah state officials defending the state’s ban on marriage for same-sex couples filed a petition with the Supreme Court of the United States asking the Court to review a June 2014 decision by the United States Court of Appeals for the Tenth Circuit striking down the Utah ban. The plaintiff same-sex couples in the case—Kitchen v. Herbert—are represented by Peggy Tomsic of the Salt Lake City law firm of Magleby & Greenwood, P.C., and the National Center for Lesbian Rights (NCLR).

Said Tomsic: "We respect the State’s right to seek review of its own law in the highest Court in the land, but we also respectfully, and vehemently, disagree with the notion that States can deny one of the most foundational rights to the millions of same-sex couples living across this great land. We look forward to reviewing the Petition filed by Utah’s excellent lawyers, and to responding to it in due course."

Added NCLR Legal Director Shannon Minter: “We respectfully disagree with the State of Utah’s lawyers. Utah’s same-sex couples and their children are continually harmed by the enforcement of measures that deny them equal dignity, security and protection. We will carefully review the State’s petition to determine the response that will best advance our goal of winning for all Utahns the freedom to marry the person they love, and to have their marriages treated the same as other couples’ marriages.”

UTAH: Attorney General Misses Filing Deadline In Same-Sex Marriage Case

Via the Salt Lake Tribune:

The Utah Attorney General’s Office failed to file preliminary documents in connection with its appeal of a federal court judge’s order that the state must honor and recognize all same-sex marriages performed in Utah after another federal judge’s ruling toppled Utah’s voter-approved ban on such marriages. A "deficiency notice" filed Monday by the clerk of the 10th Circuit Court in Denver says that state attorneys failed to file a docketing statement, transcript order and notice of appearance in the same-sex recognition case. "Please correct the stated deficiencies within 10 days of the date of this notice," states a letter signed by Clerk of Court Elisabeth A. Shumaker. The paperwork is due on July 10, according to the court docket.

You might recall that Utah's previous attorney general resigned in scandal in November.

UTAH: Tenth Circuit Court Extends Stay On Same-Sex Marriage Recognition

Via the Salt Lake Tribune:

Same-sex couples who were married in Utah in the brief window when such unions were legal will have to wait at least another week before they can begin to apply for in-state spousal benefits. Less than 24 hours after Utah announced its intent to fight a federal judge’s ruling that ordered the state to honor and recognize all same-sex marriages performed in Utah, the 10th Circuit Court of Appeals halted any movement toward marriage recognition beyond the three weeks initially imposed last month by U.S. District Judge Dale A. Kimball. The court will decide whether a more permanent stay — that would be in effect until the Evans v. Utah appeal is resolved — is merited in this case. If a stay is imposed, the more than 1,000 gay and lesbian couples whose marriages were issued and solemnized in Utah will continue living in the "legal limbo" of not knowing whether their marriages are, or will be, recognized under Utah law.

In January, Eric Holder announced that the marriages would be recognized by the federal government.

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: State Supreme Court Orders Halt To Same-Sex Adoption Cases

Last month the state of Utah filed an emergency petition with the state Supreme Court, demanding that all pending adoptions by gay couples be denied. The state Supreme Court has granted the stay petition and a local judge is furious. Via the Associated Press:

The stay was granted Friday night in response to a Utah Attorney General's Office request for clarity on whether the department can issue the birth certificates if directed by court order. The attorney general's office praised the decision, saying the stay will remain in effect until the issue has been resolved by the court. The court has not yet announced a date for oral arguments. The stay appears to apply to a district judge's order requiring Attorney General Sean Reyes and two top health officials to explain the state's refusal to recognize a same-sex couple's adoption, the attorney general's office said. Third District Judge Andrew Stone ordered the officials to appear at a June 16 hearing to show why they should not be held in contempt for what he called "their willful disregard and refusal" to honor the adoption. Stone's order, dated May 7, does not identify the child or the two women who adopted the child. The two were among more than 1,000 gay and lesbian partners who married after a federal judge overturned Utah's same-sex marriage ban Dec. 20.

UPDATE: Local Fox TV reporter Ben Winslow points out that the above AP report incorrectly names a judge as having issued the contempt order. In fact, it was the couple's lawyer who filed the complaint in advance of the stay order by the state Supreme Court.

Shane Marx, an attorney representing the couple, filed an order to show cause in Salt Lake City’s 3rd District Court, demanding Utah Attorney General Sean Reyes, Dr. David Patton, the executive director of the Utah Dept. of Health, and State Registrar Janice Houston appear in court “and show cause why they should not be held in contempt for their willful disregard and refusal to obey” a judge’s order to issue the birth certificate. “The parents are the parents under Utah law,” said Clifford Rosky, the chairman of the gay rights group Equality Utah, who was acting as a spokesman for Marx. “They have an adoption, they have a court order say they shall be named on the birth certificate, and the state of Utah is simply defying that court order.”

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

UTAH: Attorney General Orders County Clerks To Finish Gay Marriage Paperwork

Utah Attorney General Sean Reyes yesterday ordered county clerks to finalize the paperwork on same-sex marriage applications submitted before the U.S. Supreme Court issued its stay.

The stay remains in effect while the Denver-based 10th U.S. Circuit Court of Appeals considers the long-term question of whether gay couples have a right to wed in Utah. In Weber County, about 30 couples married before the ruling, but their marriage certificates were not completed after county attorneys said to put them on hold. Reyes' new advice was issued to clear up some confusion and only applies to marriages that were solemnized, his spokeswoman Missy Larsen said. "As long as the marital ceremony happened prior to the stay, then the marriage can receive documentation," Larsen said. The attorney general's office said Thursday's guidance is not a decision on whether the marriages are valid. The 10th Circuit Court of Appeals or the Supreme Court will have the final word on that, Larsen said. "We are not able to make that statement," she said. "All we know is that Utah state law precludes them from being recognized."

According to Reyes, the paperwork is an administrative function, not a legal one. Got that?