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Appeals court rejects Utah’s request for emergency stay on marriage ruling

Sunday, December 22, 2013

DENVER — The U.S. Court of Appeals for the Tenth Circuit has rejected a request by Utah state officials for an “emergency” stay on Friday’s federal court ruling striking down the state’s ban on same-sex marriage.

The Byron White U.S. Courthouse in Denver, the seat of the U.S. Court of Appeals for the 10th Circuit.

The Byron White U.S. Courthouse in Denver, the seat of the U.S. Court of Appeals for the 10th Circuit.

The court denied the request pending the district court’s decision on its own stay, saying the state has not met the requirements of the federal or local appellate rules governing a request for a stay.

U.S. District Judge Robert J. Shelby overturned the ban on Friday, allowing same-sex couples around the state to begin marrying in several Utah counties.

Sunday’s decision is largely procedural. The Tenth Circuit said they couldn’t rule on a stay because Shelby hasn’t acted on the motion before him.

According to the order, “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.”

Shelby is scheduled to hear arguments on the state’s motion and plaintiffs’ response to that request at 9 a.m. Monday. He could still grant a stay on his ruling, pending an appeal of Friday’s ruling.

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159 more reader comments:

  1. YES!!

    Posted on Monday, December 23, 2013 at 1:12am
  2. Good news!

    Posted on Monday, December 23, 2013 at 1:12am
  3. So does this mean marriages will continue until the appeals court rules? And when is that expected to happen?

    Posted on Monday, December 23, 2013 at 1:13am
  4. That could be months, if not years away. I would not be surprised if Utah officials drop the appeal.

    Replied on Monday, December 23, 2013 at 1:14am
  5. ^^ especially because every time the state goes to court, the costs are paid for by state tax payers.

    Replied on Monday, December 23, 2013 at 1:16am
  6. If the appeal goes through, the case will go directly to the Supreme Court. They're the next highest court. And given the precedent set by Windsor, if that happens I think we will have nationwide equality.

    Replied on Monday, December 23, 2013 at 1:17am
  7. So you're saying their appeal could turn into better marriage equality for all? Let em try then eh :D

    Replied on Monday, December 23, 2013 at 1:22am
  8. When will people learn…

    “Insanity: doing the same thing over and over again and expecting different results.” – Albert Einstein

    Posted on Monday, December 23, 2013 at 1:13am
  9. we will start 2014 with such wonderful memories and we will keep winning

    Posted on Monday, December 23, 2013 at 1:14am
  10. ok that’s great yea weddings

    Posted on Monday, December 23, 2013 at 1:14am
  11. YES!!!

    Posted on Monday, December 23, 2013 at 1:14am
  12. This is the beginning of the end for marriage discrimination in the United States.

    Posted on Monday, December 23, 2013 at 1:14am
  13. No, that happened this summer.

    Replied on Monday, December 23, 2013 at 1:20am
  14. I hope so

    Replied on Monday, December 23, 2013 at 1:20am
  15. I agree Brian, the wheels are already in motion and the equality train will not be stopped now!

    Replied on Monday, December 23, 2013 at 1:20am
  16. It ain't just the blue states anymore.

    Replied on Monday, December 23, 2013 at 1:24am
  17. Maybe the opponents could all move to Texas and secede.

    Replied on Monday, December 23, 2013 at 1:45am
  18. I happen to know there are good-hearted LGBT Texans who would not appreciate that. The opponents aren't going to move away. They're going to stick around and watch as society doesn't collapse when everybody is treated equally. Some of them will change their minds, and all of them will be replaced by the more tolerant generations of the future.

    Replied on Monday, December 23, 2013 at 1:48am
  19. We can only hope!

    Replied on Monday, December 23, 2013 at 1:54am
  20. this is what happens when you pretend to be a progressive state for too long, the people start to believe it.

    Replied on Monday, December 23, 2013 at 2:54am
  21. We just keep teaching people that we're not the problem, and eventually we'll have equality. It will happen.

    Replied on Monday, December 23, 2013 at 3:15am
  22. Meanwhile, in other parts of the world, evangelical scumbags continue to spread their hatred.....

    Replied on Monday, December 23, 2013 at 6:09am
  23. It is the beginning of the end for Churches to spend Christians' money to be terrorists.

    Replied on Monday, December 23, 2013 at 11:43am
  24. Oh thank God. These potential stays and reverse decisions are so cruel.

    Posted on Monday, December 23, 2013 at 1:14am
  25. Thanks be!

    Posted on Monday, December 23, 2013 at 1:15am
  26. They’ll probably keep the marriage license place closed the entire holiday!! LOL

    Posted on Monday, December 23, 2013 at 1:15am
  27. Awesome!

    Posted on Monday, December 23, 2013 at 1:15am
  28. awesome,other states will fall in like dominoes I hope. Probably not the hardcore southern states.

    Posted on Monday, December 23, 2013 at 1:15am
  29. If they meet legal challenges, even the most conservative Southern states will fall. ESPECIALLY if more states fall via the judicial system, there will be a legal precedent that can be argued.

    Replied on Monday, December 23, 2013 at 1:20am
  30. Can’t wait to see the cute gay Mormon boys in their wedding photos.

    Posted on Monday, December 23, 2013 at 1:16am
  31. Got Aids Yet?

    Replied on Monday, December 23, 2013 at 3:13am
  32. Allen Crowder: You're a Homo Stultus knuckle dragger!!!

    Replied on Monday, December 23, 2013 at 3:48am
  33. YES Allen! since DOMA was struck down we have been aided by the gov't :D!!

    Replied on Monday, December 23, 2013 at 4:39am
  34. Brilliant post @Mike Shank - Shared & quoted you with props. ;)

    Replied on Monday, December 23, 2013 at 5:20am
  35. Allen Crowder…if you are against marriage equality, don't marry a man. Otherwise, mind your own business when it comes to things that don't effect you at all...

    Replied on Monday, December 23, 2013 at 5:27am
  36. Bell Reinder: brilliant response to Allen Crowder's bigotry! Allen Crowder: Hey ass hat if you don't support marriage equality why are you looking at this page in the first place? Looks like someone's suffering from gay panic...

    Replied on Monday, December 23, 2013 at 12:06pm
  37. :)

    Posted on Monday, December 23, 2013 at 1:16am
  38. 3,2,1,….Let’s Get Married!

    Posted on Monday, December 23, 2013 at 1:16am
  39. Awesome! Great Christmas present!

    Posted on Monday, December 23, 2013 at 1:17am
  40. So cool!

    Posted on Monday, December 23, 2013 at 1:17am
  41. The governor just needs to tuck his tail between his legs, walk away and concede like Governor Christie did, and stop trying to fight a losing battle. Equality is the only way to a completely free nation.

    Posted on Monday, December 23, 2013 at 1:17am
  42. The Mormons must be shitting in their pants….again.

    Posted on Monday, December 23, 2013 at 1:18am
  43. Just for the record, not all Utahns are Mormon and not all Mormons oppose gay marriage. I am a non Mormon Utahn and have a lot of Mormon friends who are all for equality. Times are changing in Utah for the better.

    Replied on Monday, December 23, 2013 at 1:29am
  44. here we are fighting for equality and look at all the utahn slurrs being dropped, this thread makes me feel ill.

    Replied on Monday, December 23, 2013 at 3:02am
  45. we already knew this would happen!

    Posted on Monday, December 23, 2013 at 1:18am
  46. TRIPLE YES!!!!!

    Posted on Monday, December 23, 2013 at 1:18am
  47. Can’t wait to see the male mormons marrying more than one guy now, lol!

    Posted on Monday, December 23, 2013 at 1:19am
  48. way to cover up equality with an ignorant stereotypical bigot comment

    Replied on Monday, December 23, 2013 at 2:58am
  49. Wow, I must admit that I’m shocked! Pleasantly so, but still shocked!

    Posted on Monday, December 23, 2013 at 1:19am
  50. Karma dude!! This is awesome!! The religious right wing bats are finally getting a dose of what they deserve. Hate in the name of god.

    Posted on Monday, December 23, 2013 at 1:19am
  51. so? its not legal now?

    Posted on Monday, December 23, 2013 at 1:19am
  52. Yeah!

    Posted on Monday, December 23, 2013 at 1:21am
  53. Good!

    Posted on Monday, December 23, 2013 at 1:21am
  54. They call this state CONSERVATIVE.. This is a state where polygamy is deemed ok.. Where old men have sex with children and it’s legal.. Children that r their kin,, so that’s incest.. And then they share them with other colonies.. Yet when 2 adults who love each other choose to marry and have rights there are none because the kiddie porn loving increst breeders have them all.. How SICK and SAD!!

    Posted on Monday, December 23, 2013 at 1:22am
  55. Uh no polygamy is not okay in my state, neither is incest. Can't we all just celebrate that Utah is gonna have to allow everyone to get married, not just straight people and stopped making blanket statements about the state?

    Replied on Monday, December 23, 2013 at 1:31am
  56. polygamy is ok and statutory rape is legal? what the fuck planet are you on? what the fuck is the matter with your head? are you off your meds or something? and thanks for lumping us all together as "kiddie porn loving increst breeders" btw its spelled i-n-c-e-s-t. :D k thanks bai

    Replied on Monday, December 23, 2013 at 3:01am
  57. WOOHOO!!! :D

    Posted on Monday, December 23, 2013 at 1:22am
  58. pahahaha..

    Posted on Monday, December 23, 2013 at 1:23am
  59. Boy Levi Tooker, I sure hope your right bc by the way things are going,.my home state (Az) & the state I live in now (Tx) will only go kicking and screaming.

    Posted on Monday, December 23, 2013 at 1:23am
  60. did you forget this is utah we are talking about? lol

    Replied on Monday, December 23, 2013 at 2:58am
  61. Yes !

    Posted on Monday, December 23, 2013 at 1:24am
  62. Omg! Men are marrying men! Its an emergency! Give me a fucking break.

    Posted on Monday, December 23, 2013 at 1:25am
  63. Yay! Next stop, Texas! Then, Louisiana!!

    Posted on Monday, December 23, 2013 at 1:25am
  64. Hopefully Ohio too!

    Replied on Monday, December 23, 2013 at 3:24am
  65. WE CAN HOPE, I LIVE IN TEXAS

    Replied on Monday, December 23, 2013 at 3:57am
  66. why not all of them at the same time :D?!

    Replied on Monday, December 23, 2013 at 4:40am
  67. No more get me to the courthouse on time? Hope so.

    Posted on Monday, December 23, 2013 at 1:25am
  68. This was the highest level of appeal possible, next stop Supreme Court if Utah wishes… Utah could cement marriage equality for all! :-)

    Posted on Monday, December 23, 2013 at 1:25am
  69. oh i do hope they go to the supreme court, we already know the federal branch is on board, the lower supreme courts and judicial branch seems to be on board having caused the upset in the first place, Equality 1- Bigots 0

    Replied on Monday, December 23, 2013 at 2:57am
  70. Oh yes, its an emergency… idiots… all of these people on the losing side of history

    Posted on Monday, December 23, 2013 at 1:26am
  71. It’s beginning to look a lot like Christmas.

    Posted on Monday, December 23, 2013 at 1:27am
  72. If I could like your comment a thousand times, I would!

    Replied on Monday, December 23, 2013 at 3:40am
  73. Yay!!

    Posted on Monday, December 23, 2013 at 1:28am
  74. Hot diggidy dog! lol this is great. Love triumphs anything. Marriage equality is here to stay. It only gets better and better.

    Posted on Monday, December 23, 2013 at 1:29am
  75. Because they have no right to discriminate!

    Posted on Monday, December 23, 2013 at 1:29am
  76. God has made his will known today. When it was written, GOD is LOVE, that is what it meant, JUST LOVE!

    Posted on Monday, December 23, 2013 at 1:31am
  77. What’s the f*** emergency??

    Posted on Monday, December 23, 2013 at 1:33am
  78. horray

    Posted on Monday, December 23, 2013 at 1:33am
  79. Great news.

    Posted on Monday, December 23, 2013 at 1:33am
  80. eat a d*ck mormons

    Posted on Monday, December 23, 2013 at 1:34am
  81. how very progressive, and especially on a lgbt thread, are you off your fucking meds? whats wrong with you? why would you say something so ignorant? wake the fuck up grey face, you need to unfuck yourself.

    Replied on Monday, December 23, 2013 at 3:08am
  82. Stop already and live and let live!

    Posted on Monday, December 23, 2013 at 1:37am
  83. Emergency my ass.

    Posted on Monday, December 23, 2013 at 1:38am
  84. Ha!

    Posted on Monday, December 23, 2013 at 1:39am
  85. Ha-ha! Yes it is an emergency to prevent men from marrying men. Jez! Why the heck aren’t they more concerned with violent crime or people living outside and starving an emergency? Oh, that’s right- because violence and homelessness and starvation are acceptable and lawmakers turn their backs on those matters because they do not know how to handle them. Funny how they feel same sex marriage is a sin, allowing people to be homeless and starve is ok.

    Posted on Monday, December 23, 2013 at 1:39am
  86. amen sister quinlan

    Replied on Monday, December 23, 2013 at 2:55am
  87. lol

    Posted on Monday, December 23, 2013 at 1:41am
  88. And yet another statement from the famous “love that won’t shut up” department! Yipee!

    Posted on Monday, December 23, 2013 at 1:41am
  89. i guess the prescriptions for prozac in utah will go even higher now with this news…..:-)

    Posted on Monday, December 23, 2013 at 1:41am
  90. yay more utah slurs.

    Replied on Monday, December 23, 2013 at 3:03am
  91. YES!!!!!!!!!!!!

    Posted on Monday, December 23, 2013 at 1:42am
  92. The fuck? @ Agnes …. This state is nothing that you provided in your comment ahahahhaha

    Posted on Monday, December 23, 2013 at 1:47am
  93. comments are more useful when u use the reply feature ;D

    Replied on Monday, December 23, 2013 at 3:03am
  94. Hey, Matt! We don’t need more haters in Texas. We’re trying to turn this state into a smart, progressive state.

    Posted on Monday, December 23, 2013 at 1:47am
  95. I wonder how much it’s costing the state to fight this?

    Posted on Monday, December 23, 2013 at 1:48am
  96. as the old poster says: ‘Failure to plan is not an emergency.’

    Posted on Monday, December 23, 2013 at 1:52am
  97. Merry Xmas, here’s to all your great work all the best for 2014′

    Posted on Monday, December 23, 2013 at 2:00am
  98. They would only grant a stay if they had good reason to believe the ruling would be overturned.

    Posted on Monday, December 23, 2013 at 2:02am
  99. Good now leave them alone and let them get married and go whine about something else because they won and the emergency stay lost.go Utah

    Posted on Monday, December 23, 2013 at 2:02am
  100. Utah bitch slapped again just as I predicted

    Posted on Monday, December 23, 2013 at 2:05am
  101. emergency on what? The government can’t handle that many marriage documents to process all at once, so to save time they need to declare an emergency? O.o

    Posted on Monday, December 23, 2013 at 2:10am
  102. Almost sounds like Prop 8 in CA….Mormons spent a lot of money…..YIKES….

    Posted on Monday, December 23, 2013 at 2:16am
  103. Awesome!!!!* :-) Great news!!!

    Posted on Monday, December 23, 2013 at 2:16am
  104. can hardly wait to watch all them mormons getting same sex married. :p

    Posted on Monday, December 23, 2013 at 2:18am
  105. you are an insensitive idiot, please keep your ignorant thoughts to yourself

    Replied on Monday, December 23, 2013 at 3:06am
  106. Those cute Mormon missionaries should marry each other anyway ..

    Posted on Monday, December 23, 2013 at 2:26am
  107. because the whole state must be gay now right?!?!?!?! what the hell is wrong with you?

    Replied on Monday, December 23, 2013 at 3:08am
  108. Denise, what meds are you on ? Even if there were only TWO gay people in the entire State of Utah, they should have the same civil rights as every other citizen in that State, and that includes the right of marriage as per the Constitution of the United States of America. Do you get it ? You sound like real piece of work !!

    Replied on Monday, December 23, 2013 at 3:45am
  109. Good get over it finally equality . Congrats you all

    Posted on Monday, December 23, 2013 at 2:27am
  110. We fucking won. Get over it, cavemen.

    Posted on Monday, December 23, 2013 at 2:31am
  111. “My father did not take a bullet for same sex marriage” Bernice King, daughter of the Rev. Dr. Martin Luther King

    Posted on Monday, December 23, 2013 at 2:34am
  112. nice troll name trolling away. im proud of you, maybe some day trolls can date in public without fear of people pointing at their acne and the video game images burned onto their faces.

    Replied on Monday, December 23, 2013 at 3:11am
  113. p.s. he took a bullet for spreading a dream of equality for all MEN ;) worthless fuckin troglodyte

    Replied on Monday, December 23, 2013 at 3:12am
  114. How's that obamacare working out for you?

    Replied on Monday, December 23, 2013 at 3:22am
  115. Yay!!!!!!!

    Posted on Monday, December 23, 2013 at 2:38am
  116. So impressed by this!

    Posted on Monday, December 23, 2013 at 2:40am
  117. HeeHee…

    Posted on Monday, December 23, 2013 at 2:45am
  118. Well perhaps he should have or are only black people allowed to have rights!?!

    Posted on Monday, December 23, 2013 at 2:49am
  119. Congratulations Utah !

    Posted on Monday, December 23, 2013 at 2:55am
  120. In they face again!

    Posted on Monday, December 23, 2013 at 3:00am
  121. shhhh

    Posted on Monday, December 23, 2013 at 3:04am
  122. I hope this is a good thing Tabatha, now Utah will not discriminate against anyone who decides to marry. Rock on

    Posted on Monday, December 23, 2013 at 3:11am
  123. That is, if I am reading this correctly!

    Posted on Monday, December 23, 2013 at 3:12am
  124. Lots of pretty blond boys coming out at last!!

    Posted on Monday, December 23, 2013 at 3:28am
  125. whooo-hoooo

    Posted on Monday, December 23, 2013 at 3:31am
  126. Good for the Court of Appeals

    Posted on Monday, December 23, 2013 at 3:32am
  127. Better do it quick, or a devastating plague of love could break out.

    Posted on Monday, December 23, 2013 at 3:37am
  128. yay. karma is coming home to roost, h8ers!

    Posted on Monday, December 23, 2013 at 3:37am
  129. Here in Utah, it’s shock, awe, joy and pride!

    Posted on Monday, December 23, 2013 at 3:50am
  130. Utah is for same-sex lovers!

    Posted on Monday, December 23, 2013 at 3:53am
  131. GUESS THE MORMON CHURCH CAN BUY AND OWN EVERY COURT IN THE LAND,HUH

    Posted on Monday, December 23, 2013 at 3:55am
  132. Yay yay

    Posted on Monday, December 23, 2013 at 4:04am
  133. Posted on Monday, December 23, 2013 at 4:06am
  134. oh, but it is ok for you homophobic assholes to have 7 wives…………wow………..

    Posted on Monday, December 23, 2013 at 4:16am
  135. Choke on it, mormons.

    Posted on Monday, December 23, 2013 at 4:21am
  136. Been praying for this for years. Finally, proof from a higher power that maybe, just maybe, I am living my life the way I am meant to!

    Posted on Monday, December 23, 2013 at 4:29am
  137. HAHAhHahHahHa nice work big guys !

    Posted on Monday, December 23, 2013 at 4:36am
  138. It really is a karma thing. This shows we can win just about in any state. 18 WOW as a 55 yo man I can say I never thought I would see all of this. it is a wonderful thing to witness. Living in the south we will be the last to fall but i know in the end we will all have marriage equality. We are now planning a trip to MN. After 16 years together we will make it official.

    Posted on Monday, December 23, 2013 at 4:37am
  139. Well now that a Federal Court has done this, we shall have to see what happens in other states!!

    Posted on Monday, December 23, 2013 at 4:46am
  140. Hurrah! There is justice.

    Posted on Monday, December 23, 2013 at 4:48am
  141. I know you don’t like Utah, but get with the program!

    Posted on Monday, December 23, 2013 at 5:40am
  142. I wish Louisiana was like this.

    Posted on Monday, December 23, 2013 at 5:53am
  143. At last!!! Separation of church and state in Utah!!!!

    Posted on Monday, December 23, 2013 at 6:04am
  144. As a Californian who knows how much the Mormon church in Utah did to facilitate the passage of Proposition 8 in my state, I’m laughing so damn hard I’m just about peeing my pants!

    Posted on Monday, December 23, 2013 at 7:05am
  145. Why dont yall all just give up and accept whats happening all over the country? LIfe would be so much happier and it would lessen the gap btw the sexuality rage.

    Posted on Monday, December 23, 2013 at 7:30am
  146. Down with the GOP!!!

    Posted on Monday, December 23, 2013 at 7:42am
  147. When is Georgia going to make the list? Atlanta is one of the “gayest” cities in the United States let alone the South. I still hate the wording of our state Constitution that states marriage is only between a man an a woman because it totally goes against that equality thing that they wrote as a part of the constitution…

    Posted on Monday, December 23, 2013 at 7:46am
  148. hue

    Posted on Monday, December 23, 2013 at 7:59am
  149. I whish the whole world some day seperates politics and religion !
    Religon is a belife and politics must be based on facts!!!!

    Posted on Monday, December 23, 2013 at 8:00am
  150. Now Mormons will have more than one husband!!! =))) <3 lol

    Posted on Monday, December 23, 2013 at 8:00am
  151. California already went down this road…its time for the bigots to sit down and shut up!

    Posted on Monday, December 23, 2013 at 8:58am
  152. Merry Christmas, bitches! Enjoy that humble pie; that woman from ‘The Help’ made it. Eat up!

    Posted on Monday, December 23, 2013 at 10:31am
  153. My first thought was …. Wow Utah Beat Oregon! !! Good job Utah, one more reason we may move there!

    Posted on Monday, December 23, 2013 at 11:36am
  154. Levi Tooker says it best!

    Posted on Monday, December 23, 2013 at 11:41am
  155. The real “emergency” is more people finding out that gay people getting married won’t have an affect on straight marriage — except maybe longer waits for cakes and party halls.

    Posted on Monday, December 23, 2013 at 12:02pm
  156. It’s going to be a great new year …..

    Posted on Monday, December 23, 2013 at 12:32pm
  157. This was denied on a technicality. The state requested an appeal to the stay motion, except the stay motion hasn’t been ruled on yet. You cannot preemptively appeal a ruling that had been made yet. This means the state can still appeal the stay motion, it just has to be done after the stay motion ruling.

    Posted on Monday, December 23, 2013 at 12:48pm
  158. Merry Christmas to the Governor of Utah, peace on earth and good will to ALL men, women, children, ethnic group, LGBTI, people with ability (still refusing to use the dis), with no exceptions. Oh the Governor is only a pretend Christian, well may be one day he might actually get the meaning of Christmas. In the meantime it’s still a great Christmas in Utah.

    Posted on Monday, December 23, 2013 at 1:34pm
  159. Hey Allen, you are a god fearing Christian aren’t you? A real man… Twelve year old bullies sit at your feet in whoreship. It must be difficult, frightening for you even to have to live in such fear. I pity you, you small-minded, fearful, terrified little boy.

    Posted on Monday, December 23, 2013 at 2:42pm