Tag: Utah

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Tenth Circuit of Appeals sets date for oral arguments for Utah gay marriage appeal

The Salt Lake Tribune is reporting that April 10th will be the day the 10th Circuit of Appeals will hear oral arguments on marriage equality in Utah:

On Wednesday, the 10th Circuit Court of Appeals announced oral arguments in the state’s appeal will take place April 10.

The case will be decided by a panel of three judges, who will be randomly assigned about 10 days before the hearing.

The 10th Circuit has agreed to let the same panel handle an appeal from Oklahoma, where a lower court struck down a similar ban on same-sex marriage.

The court also will allow amicus briefs to be filed jointly in the Utah and Oklahoma cases.

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ACLU sues state of Utah for not recognizing gay married couples

The ACLU has filed suit with the state of Utah for not recognizing legally performed same-sex marriages that took place between the time a federal judge found the state’s ban unconstitutional and when the US Supreme Court issued a stay on any further marriages while the case was under appeal.

The Governor of Utah announced at that time that the more than 1,300 marriages performed would be “put on hold” until the appeals worked their way through the legal system.

From The ACLU:

“These couples were legally married under Utah law and their unions must be treated the same as any other Utah marriage,” said John Mejia, legal director of the ACLU of Utah. “Even our attorney general said that the marriages were entitled to full recognition by the state at the time they were performed.  Regardless of what ultimately happens in the federal challenge to Utah’s marriage ban, the marriages that already occurred are valid and must be recognized now.”

 The lawsuit argues that once same-sex couples are legally married in Utah, they gain protections that cannot retroactively be taken away under the due process clauses of the Utah and United States Constitution.

 Some couples not only wanted to get married to demonstrate their commitment to each other, but also to ensure protection for their children. As a married couple, each parent can establish a legal connection to their children even if they’re not the biological parent or previously recognized adoptive parent. Otherwise, Utah law allows single parents to adopt, but forbids an unmarried partner from being recognized as a parent to the other’s biological or already-adopted children, which could have devastating legal implications.

Read more at the ACLU of Utah website.

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Attorneys for Utah ask for more time to figure out why they are taking away people’s rights

Attorneys for the state of Utah apparently need more time to devise a plan to deny Utah citizens their civil rights.  From Deseret News:

Attorneys for the state asked the 10th Circuit Court of Appeals on Friday for a 10-day extension of a Jan. 27 deadline for initial arguments.

In its motion, the state says it needs an extension to complete a “fulsome, detailed and quality” brief on the constitutional questions surrounding Utah’s definition of marriage as only between a man and a woman. It also says the state needs help from its newly hired outside counsel to prepare and file the brief.

The 10th Circuit put the case on a fast track after receiving Utah’s notice of appeal last month.

The case was fast tracked due to Utah’s request. Now the state says they don’t have enough time to get their arguments together?

If you don’t know what your arguments are, then maybe you shouldn’t be filing to take away people’s rights Utah.

(source)

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George Takei on Utah’s governor: “He believes in governing by hysteria”

George Takei, whose always been fabulous, continues to be an outspoken voice of reason for the LGBT community. This time, he’s addressing the marriage equality hysteria in Utah and the state’s governor. From the Huffington Post:

“Gov. Herbert is consciously bringing harm to 2,600 citizens of Utah,” Takei, an outspoken advocate of lesbian, gay, bisexual and transgender (LGBT) rights, is quoted by The Salt Lake Tribune as saying. “That’s mean-spirited. He didn’t have to do that. Your governor is trying to put toothpaste back in the tube.”

The 76-year-old actor, who married longtime partner, Brad Altman, in 2008, didn’t stop at that. “I’m stunned by his stupidity,” he told Deadline. “Apparently he believes in governing by hysteria — that’s the only way it can interpreted.”

Takei is in Salt Lake City preparing for the Jan. 18 premiere of “To Be Takei” at the Sundance Film Festival.  You can watch a tease of the film below:

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Twelve year-old gives emotional, epic speech at marriage equality rally in Salt Lake City

Riley Hackford-Peer speaks at the Utah State Capitol

Thousands of same sex marriage supporters deliver a petition with 60,000 signatures to governor Gary Herbert Friday.

Mary Barnes said, “these are good people. These are Americans. They are here, they have family’s they have kids.”

2,000 people crowded into the State Capital for the “Let it Stand” rally, organized by Restore Our Humanity.

The petition, calling on Governor Gary Herbert to recognize the 1,360 same-sex marriages that took place in the 17 days when such unions were legal, was delivered to the Governor’s office.

While the rally was full of impassioned pleas for equality, one 12-year-old’s speech made arguably the strongest, most heartfelt case for equality in the Beehive state.

With his little brother at his side, Riley Hackford-Peer delivered a poignant, emotional speech that garnered several enthusiastic rounds of applause.

“Some people do not believe that I am from a loving family, because my moms are gay,” said Hackford-Peer. “They are wrong. … And come on, think about it — gay means happy, so it only makes sense that we’re a loving, happy family!”

Watch Riley’s epic speech at the Utah state capitol below. More at the Advocate

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Utah: Thousands fill the State Capitol in support for marriage equality

From David Badash at The New Civil Rights Movement:

Thousands of same-sex marriage supporters — gay and straight — including some of the 1360 same-sex couples who recently married, flooded the capitol in Salt Lake City, Utah today, demanding Governor Gary Herbert “let it stand.”

Protestors want the Republican governor and his attorney general to give up their fight against a federal judge’s ruling last month that found Utah’s ban on same-sex marriage is unconstitutional. Herbert is appealing the decision in federal court.

Supporters delivered to the Governor’s office a reported 58,000 petitions asking him to not waste the $2 million he promised to spend on outside counsel to fight Judge Shelby’s December 20 ruling.

Check out the many pics and tweets Badash assembled from the day’s event.

[View the story “Utah: Thousands Protest To Save Same-Sex Marriage” on Storify]
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Utah: Gov. Herbert instructs state agencies to NOT recognize same-sex marriages in Utah

Utah governor Gary Herbert’s office late Tuesday informed state agencies that marriage licenses issued to same-sex couples in the state are not valid, and to not to recognize those marriages until the courts advise otherwise.

From the letter signed by Gov. Herbert’s chief of staff:

With the district court injunction now stayed, the original laws governing marriage in Utah return to effect pending final resolution by the courts. It is important to understand that those laws include not only a prohibition of performing same-sex marriages but also recognizing same-sex marriages.

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.

Read the full letter here.

The legal ramifications on this decision are wide-ranging.

(via LGBTQ Nation)

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US Supreme Court issues stay on marriage equality in Utah

Via SCOTUSblog:

The Supreme Court on Monday morning put on hold a federal judge’s decision striking down Utah’s ban on same-sex marriage, thus stopping a wave of such marriages across the state.

The Court’s order reinstates the state ban and will keep it intact until after a federal appeals court has ruled on it.

The order appeared to have the support of the full Court, since there were no noted dissents.

The ruling can be interpreted as an indication that the Court wants to have further exploration in lower courts of the basic constitutional question of state power to limit marriage to a man and a woman.

Had it refused the state’s request for delay, that would have at least left the impression that the Court was comfortable allowing same-sex marriages to go forward in the 33 states where they are still banned.

The Tenth Circuit of Appeals court has agreed to take up the issue on an expedited basis. State officials’ opening brief must be filed by Jan. 27. The response from attorneys for gay couples is due Feb. 18, and state officials have a chance to respond to that filing by Feb. 25.

We’re looking at months here, kids.