ST. GEORGE – Utah Federal Solicitor and Chief of Staff Parker Douglas filed a motion in the 10th Circuit Court of Appeals Tuesday, asking the court to dismiss the state’s appeal of a preliminary injunction issued by the district court requiring recognition of the same-sex marriages of Jonell Evans and others.
On Monday, the U.S. Supreme Court denied the state’s request for review of its laws defining marriage as between a man and a woman and its right to so define legal marriage in Utah. Following the high court’s denial of review, the 10th Circuit Court of Appeals lifted a stay it had in place, thereby renewing its earlier mandate that the state issue marriage licenses to same-sex couples.
“With this court’s mandate in effect,” Douglas wrote in his motion to dismiss, “Utah is constitutionally required to recognize the marriages of the same-sex couples who were plaintiffs in the action. Therefore, the State of Utah’s appeal of the district court’s order of preliminary injunction requiring such recognition, as the law stands today, is moot.”
The motion was made with consent of the opposing parties’ counsel. The case will remand to the district court for determination of fees and costs.
Resources
- 10th Circuit Count order mandating the states once again issue marriage licenses to same-sex couples
- Herbert v Kitchen Petition for Writ of Certiorari and Appendix
- Oct 6 2014 10th Circuit Stay lifted in Kitchen v Herbert
Related posts
- Community celebrates marriage equality at Vernon Worthen Park
- Governor says Utah will recognize same-sex marriage
- US Supreme Court denies hearing Utah’s petition on marriage statute
- High court may consider hearing Utah’s same-sex marriage case
- State files cert petition with Supreme Court in defense of marriage laws
- Supreme Court grants stay on same-sex marriage recognition
- Appeals court denies Utah’s request to stay recognition of same-sex marriages
- State leaders, others respond to court striking down Amendment 3
- Judge orders Utah to recognize same-sex marriages from 17-day window
- Big company names throw support behind same-sex marriage
- Perspectives: The greatest threat to marriage, loss of sanctity
- ON Kilter: The gay marriage debate is over
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Twitter: @JoyceKuzmanic
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Joyce, there’s no rest for you and your crew re:same sex marriage. Keep your staff handy because the courts are moving at lightning fast speed..again.
The 9th U.S. Circuit Court of Appeals in San Francisco made a ruling today and has struck down gay marriage bans in Idaho and Nevada. Thanks for keeping it sorted out. I believe it brings to 35 the number of states where SSM is legal…plus DC. Unbelievable. Thanks to you and your crew for keeping everything sorted out for your fans.
What’s happening to the comment section? Did someone do a mass delete or…???
Now,will we ever see how much money this cost us?
No they moved the majority of users to a second section. And it gives us lucky users the ability to go between both sections. Others like yourself K aids, dalton, a numorous others can only use one section. When it changed to the new system there was an agreement section that stated. Guest that are hateful, negitive, and that has nothing of importance to share will be sanctioned …
Ed. ellipsis.
Clever, Stud, but not true. 🙂
Joyce
EIC
Thanks Joyce! That means our fans will not be let down!
My neighbor is a Mormon bishop. He said he has already had several members ask him about getting polygamy going again in the church. He said its only a matter of time before it is back.
Polygamy itself is not the problem.
It’s when there is a shortage of women that the men look towards the little girls and kick the young boys out as “competition”.
Back? when did the practice that Mormons call “Polygamy” but is really pedophilia ever leave Utah?
You keep claiming polygamy equates to pedophilia, yet you support homo marriage. I’d be interested in what you think about homos adopting children or getting themselves turkey basted. On my side I think agencies that assist homos abuse children that way should be criminally prosecuted for handing them over to perverts.
First of all, POLYGAMY DOES NOT EQUATE TO PEDOPHILIA! what is going on down in Hildale and Coloado city is NOT polygamy and I do not support it. Secondly, the rest of your response is so incoherent that I’d swear it was written by a first grader if I didn’t know any better. If you rewrite it like an adult who is capable of forming full sentences, I will reply. 🙂
The problem with polygamy is that the husband, when engaging in the second relationship, also affects the first relationship but the first wife does not have a say in the matter legally. The consent issue is going to be HUGE in this case, while the consent issue is absent in the same-sex marriage cases. So unless the mormons work out a way that polygamy is only possible when the first wife signs all the same paperwork as well showing her consent to the changes relationship.
I think a polygamist should have to have 4 or more wives, not merely 2, and 3 wives leads to a 2 vs 1 situation so that should be a no-no as well. No cat fighting. Four, 4 is the right minimum number.
Simone how did you get around mouth while eating square meals. The Star Trek dictionary explains the word Simone is a literal descendant from clingon which comes from Uranus. Clean up the universe wipe you kool aids ole.