Main | Tuesday, December 24, 2013

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.

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