Follow breaking news @lgbtqnation

Utah asks court for more time to prepare defense of state’s gay marriage ban

Friday, January 17, 2014

SALT LAKE CITY — Utah state officials are asking a federal appeals court for more time to prepare arguments in defense of the state’s same-sex marriage ban – in part to be able bring their newly-chosen team of private attorneys up to speed.

utah-marriage-licenseThe Utah attorney general’s office is asking for a 10-day extension to prepare a “fulsome, detailed and quality” brief, court documents filed Friday show.

The 10th Circuit Court of Appeals has set a deadline of Jan. 27 for opening briefs. The Denver-based court has set an expedited schedule.

A federal judge overturned Utah’s gay marriage ban on Dec. 20. Hundreds of couples married until the U.S. Supreme Court halted the weddings on Jan. 6.

Utah announced Thursday it will pay $300,000 to have three out-of-state attorneys to handle its appeal before the 10th Circuit Court. The lead attorney is Gene Schaerr, a Utah native who is leaving a Washington, D.C., law firm to lead the legal team.

Attorneys on the other side of the case also are enlisting help. Salt Lake City attorneys Peggy Tomsic and James Magleby will get help from lawyers at the National Center for Lesbian Rights.

The state says in the court papers that it brought in private lawyers because of the importance of the issue and the possibility the case could make it to the U.S. Supreme Court.

It took the state until this week to choose the team of attorneys because of state procurement law and its intent to find the most qualified lawyers, the court filing shows.

Advertisement
The state says it has been working to prepare the first brief, but it asks the appeals court for a “modest” amount of time to get Schaerr’s assistance.

The same circuit court is weighing an appeal from county officials in Oklahoma of a federal judge’s ruling this week overruling the state’s gay marriage ban.

Utah cites the Oklahoma as another reason to set back the deadlines. The state suggests the appeals court may wan t to put the two cases on a similar briefing schedule to save resources.

In the request, Utah argues to the appeals court that the U.S. Supreme Court’s decision to put a halt on the marriages shows an interest from the higher court and a desire by the justices that the appeal is “handled in an orderly way befitting the important issues being addressed.”

© 2014, Associated Press, All Rights Reserved.
This material may not be published, broadcast, rewritten, or redistributed.
Share this article with your friends and followers:

Archives: , , ,

Filed under: Utah

88 more reader comments:

  1. Why? They dont have a case. It is unconstitutional to vote on the rights of a minority group.

    Posted on Friday, January 17, 2014 at 9:40pm
  2. Utahans need to get their heads out of their asses and just let people marry. It’s not going to ruin marriage. Divorce ruins marriage, duh.

    Posted on Friday, January 17, 2014 at 9:41pm
  3. Poor babies. How long does it take to write, “cause god says so” on a piece of paper?

    Posted on Friday, January 17, 2014 at 9:41pm
  4. More time to make up lies to scare people who don’t want to have a gay marriage anyway?

    Posted on Friday, January 17, 2014 at 9:42pm
  5. “Justice delayed is justice denied.” William E. Gladstone

    Posted on Friday, January 17, 2014 at 9:42pm
  6. I can’t believe they’re wasting taxpayer dollars doing this! Ugh….

    Posted on Friday, January 17, 2014 at 9:42pm
  7. It's not that hard to believe, really. A bunch of cowards, bullies, and ignorant religious zealots want to get their way, but the federal courts are telling them no, so they're having tantrums at the taxpayers' expense.

    Replied on Saturday, January 18, 2014 at 2:18am
  8. there is no legal law to stop gays from marrying…….. separation of church & state !

    Posted on Friday, January 17, 2014 at 9:43pm
  9. UTAH! Get with the program! Same-sex marriage is here to stay!

    Posted on Friday, January 17, 2014 at 9:43pm
  10. Just drop it, & STFU! You wouldn’t be fighting against multiple partners unless it was women wanting more than one man, so why fight against same gender marriage?

    Posted on Friday, January 17, 2014 at 9:44pm
  11. Make up some more lies…..damn bigots…give it up.

    Posted on Friday, January 17, 2014 at 9:44pm
  12. Nope! You get no more time to prepare to discriminate

    Posted on Friday, January 17, 2014 at 9:44pm
  13. No more time!

    Posted on Friday, January 17, 2014 at 9:45pm
  14. Nope, if your reason is so valid as to deny equal rights you should have the response ready by now… Or is it taking time to make shit up

    Posted on Friday, January 17, 2014 at 9:46pm
  15. Why don’t fools like this just give up and face the inevitable? No matter what they do they’re going to lose. Same as the idiots who tried forty times to repeal Obamacare. They just don’t get it.

    Posted on Friday, January 17, 2014 at 9:48pm
  16. If I was the judge, I’d ask the defense “So during the time it was legal over 1,000 same sex marriage licenses were issued… Can you share one actual example of how those licenses impacted any one other than the couple getting married. If you can not, case dismissed you lose because I can name over 2,000 people who have been impacted.”

    Posted on Friday, January 17, 2014 at 9:48pm
  17. Hell tea bring gays on ang see if I give a shit

    Posted on Friday, January 17, 2014 at 9:48pm
  18. Tick-Tock. The time for equal rights is now Utah!

    Posted on Friday, January 17, 2014 at 9:49pm
  19. Screw them… maybe they shouldn’t have asked for the stay if they weren’t prepared to defend it

    Posted on Friday, January 17, 2014 at 9:52pm
  20. They had enough time.

    Posted on Friday, January 17, 2014 at 9:53pm
  21. All they have is their religious arguments – nothing legal. Amendment 14 of the US Constitution – equal protection/rights under the law!

    Posted on Friday, January 17, 2014 at 9:53pm
  22. No more time!!!!

    Posted on Friday, January 17, 2014 at 9:55pm
  23. They have nothing to prepare. They have no case..

    Posted on Friday, January 17, 2014 at 9:56pm
  24. All that fuss and they aren’t even prepared? Idiots

    Posted on Friday, January 17, 2014 at 9:57pm
  25. i would refuse they dont have a valid case what so ever

    Posted on Friday, January 17, 2014 at 9:57pm
  26. boy conservative states just don’t let go I swear when it gets to like 2015 or 16 they’ll still be trying to stop loe

    Posted on Friday, January 17, 2014 at 9:58pm
  27. No!

    Posted on Friday, January 17, 2014 at 9:58pm
  28. The bottomless pit of money from the Mormons. I guess feeding the poor and helping comfort the sick isn’t fun anymore.

    Posted on Friday, January 17, 2014 at 9:59pm
  29. There’s no defense. It’s unconstitutional. Stop trying to treat people like second-class citizens. It’s disgusting! Morons.

    Posted on Friday, January 17, 2014 at 10:04pm
  30. No dice. Utah doesn’t get bend the court to its schedule. If they’re not ready, then tough.

    Posted on Friday, January 17, 2014 at 10:04pm
  31. if they are not ready to bad. court should deny it

    Posted on Friday, January 17, 2014 at 10:05pm
  32. If they aren’t ready then thats their problem. Im glad my states ffucking this up on their own lol. Its a waste theyre spending 2m on fighting this.

    Posted on Friday, January 17, 2014 at 10:08pm
  33. perhaps they should have waited to file if they didn’t have a case.

    Posted on Friday, January 17, 2014 at 10:16pm
  34. Not like they are suddenly going to come up with a legitimate reason to oppose it

    Posted on Friday, January 17, 2014 at 10:16pm
  35. There are no argument’s that you can possibly make to defend a ban on gay marriage… there are only bullshit bigoted opinion’s that don’t mean shit, i guarantee they will try pull out the bible like that stupid book mean’s anything.

    Posted on Friday, January 17, 2014 at 10:18pm
  36. Its always going to come back to Human rights and discrimination. For a State that is suppose to be religious, they don’t seem to care too much about…EVERYONE.

    Posted on Friday, January 17, 2014 at 10:19pm
  37. No reason why their request will not be granted. In fact not agreeing to their request would just give them one more thing to appeal.

    Posted on Friday, January 17, 2014 at 10:21pm
  38. deny them the right to have longer to prepare a defence like they are denying gays the right to marry

    Posted on Friday, January 17, 2014 at 10:21pm
  39. Grumpy Cat says NO

    Posted on Friday, January 17, 2014 at 10:22pm
  40. I got married in Iowa and my marriage license is the same as his and hers .

    Posted on Friday, January 17, 2014 at 10:26pm
  41. Didn’t know discrimination was a defense. Denied!

    Posted on Friday, January 17, 2014 at 10:26pm
  42. Defense of what, violation of the 14th Amendment? Fuggedaboutit!

    Posted on Friday, January 17, 2014 at 10:26pm
  43. more time. lol. is Utah really a state that should question matrimonial equality. such a waste of money that should be used to help humanitarian causes. ie. tanif,snap,womens shelters,homeless,schools,roads,seniors,hiv, getting people out of FLDS.

    Posted on Friday, January 17, 2014 at 10:26pm
  44. “We need more time to try and come up with a palatable way to lie and spew hatred…”

    Posted on Friday, January 17, 2014 at 10:27pm
  45. You’ve had years. No. Move forward now.

    Posted on Friday, January 17, 2014 at 10:30pm
  46. Someone should tell them “scriptures” are not going to work …no need to waste any time reading over the bible.

    Posted on Friday, January 17, 2014 at 10:36pm
  47. Hell no! Utah has screw this up from the get-go due to their own hubris. I hope this really stings for them.

    Posted on Friday, January 17, 2014 at 10:38pm
  48. Why do they need more time? It’s just going to be the same old and tired religious arguments against marriage equality…which should have absolutely NO bearing on determining equal rights. Can you imagine how much good could be accomplished by these “christians” if they spent half as much energy tackling problems like poverty and homelessness, domestic violence, child abuse, environmental issues, etc? But they would rather use our country’s court system to force their beliefs upon others. What a shame.

    Posted on Friday, January 17, 2014 at 10:41pm
  49. Yeah… if its so right to stop the gays from marrying…then you shouldn’t need any time to prepare.

    Posted on Friday, January 17, 2014 at 10:49pm
  50. They’ll just come up with some irrelevant BS!

    Posted on Friday, January 17, 2014 at 10:51pm
  51. There is no defense,

    Posted on Friday, January 17, 2014 at 11:06pm
  52. They need more time because the Supreme Court granted a stay on marriages while the case is being appealed, so the longer it takes to get through that process, the longer couples will be unable to marry.

    Once they actually argue their case and lose, couples will be able to get married again.

    Posted on Friday, January 17, 2014 at 11:06pm
  53. No way get this appeal over go gays can get married in Utah

    Posted on Friday, January 17, 2014 at 11:10pm
  54. Oh hurry the fuck up

    Posted on Friday, January 17, 2014 at 11:10pm
  55. DENIED, you either got a defense or ya don’t. And you don’t.

    Posted on Friday, January 17, 2014 at 11:10pm
  56. They have no case. The excuse of it hurts straight marriage was debunked. These homophobes are horrid low life’s.

    Posted on Friday, January 17, 2014 at 11:10pm
  57. No more time. They knew this had to be done, they should’ve been ready. SLACKERS

    Posted on Friday, January 17, 2014 at 11:12pm
  58. As long as they have their stay, they would would love for it never to actually be heard – that way they keep the status quo.

    Posted on Friday, January 17, 2014 at 11:16pm
  59. 100+ years of hate and they need more time?

    Posted on Friday, January 17, 2014 at 11:19pm
  60. Stall tactics? Is that to be the bullshit game these state officials intend on playing? Because, frankly, it’s not going to work. They have absolutely no credibility, no case, and no chance in a million of validly defending their paper-thin joke of an argument! This is all going to explode right smack-dab in their jelly-lipped faces and I, for one, positively cannot wait to see it!

    Posted on Friday, January 17, 2014 at 11:19pm
  61. They do not have a leg to stand on!

    Posted on Friday, January 17, 2014 at 11:27pm
  62. They have had all the time necessary, should have known all the legal issues before this law was ever written. they knew it was unconstitutional just as did the authors of DOMA . come on !

    Posted on Friday, January 17, 2014 at 11:28pm
  63. Are you KIDDING ME? Give it up you Mormon punks

    Posted on Friday, January 17, 2014 at 11:43pm
  64. That is the plea of a lost cause.

    Posted on Friday, January 17, 2014 at 11:43pm
  65. Gee I would have thought those ChristoFascists knew why they think LGBT Americans are not human enough for unalienable rights already

    Posted on Saturday, January 18, 2014 at 12:12am
  66. Maybe they will bring in Scott Lively! He is such an expert on lgbtq issues! Must be painful, to hate a group of people that you don’t even understand or know! I really pity them!

    Posted on Saturday, January 18, 2014 at 12:21am
  67. Why? Shouldn’t they be prepared to defend their bigoted Constitution in a heartbeat?

    Posted on Saturday, January 18, 2014 at 12:38am
  68. No more time. You had all the time since you made it illegal unconstitutionally to make sure you had support for your bill.

    Posted on Saturday, January 18, 2014 at 12:39am
  69. What? Maybe 100 YEARS?

    Posted on Saturday, January 18, 2014 at 12:52am
  70. Should be denied!!!

    Posted on Saturday, January 18, 2014 at 1:01am
  71. Um, no.

    Posted on Saturday, January 18, 2014 at 1:07am
  72. LOLOL…..

    Posted on Saturday, January 18, 2014 at 1:07am
  73. Heel dragging. The 21st century is here, Utah, like it or not. The more that you wait, the more time that you waste.

    Posted on Saturday, January 18, 2014 at 1:10am
  74. They don’t need more time. The appeals court does not accept factual evidence. It only reviews the application of law, and whether the law as applied correctly. It does NOT re-litigate the whole case.

    Posted on Saturday, January 18, 2014 at 1:45am
  75. Utah has really nothing else to do?

    Posted on Saturday, January 18, 2014 at 1:47am
  76. Yeah they would need more time…

    Posted on Saturday, January 18, 2014 at 1:48am
  77. Come on Utah Uuuuuuuuuuuuuttttttttaaaaahhhhh needs more timmmmmmme. Because the government officials are slowwwwwwwwwww

    Posted on Saturday, January 18, 2014 at 1:54am
  78. Forget it….they’ve already had long enough and they lost!

    Posted on Saturday, January 18, 2014 at 1:56am
  79. The fact that this is dragging on so long proves they should just make it legal then leave it be

    Posted on Saturday, January 18, 2014 at 2:03am
  80. They can stall all they want. It will not make a difference, so just get on with it already.

    Posted on Saturday, January 18, 2014 at 2:08am
  81. Lol “wait guys, give us more time… so that we’re denying the rights of these people while ‘building’ a case against them.” I love the fact that, this is just a ploy to hurt people using politics, yet no one seems to notice it’s just stalling to cause problems for others.

    Posted on Saturday, January 18, 2014 at 2:12am
  82. When will the taxpayers of UT demand that their “representatives” stop wasting millions of hard earned tax dollars on discrimination?!

    Posted on Saturday, January 18, 2014 at 2:34am
  83. lol..Theres no defense, its already been over turned.

    Posted on Saturday, January 18, 2014 at 3:27am
  84. I call bullshit!

    Posted on Saturday, January 18, 2014 at 3:56am
  85. Give up ready!

    Posted on Saturday, January 18, 2014 at 3:56am
  86. Posted on Saturday, January 18, 2014 at 3:57am
  87. Where is the speedy trial law? I thought the State of Utah and the GOP could work miracles….. Maybe they could work 7 days a week, like they want the average citizen to work. The Court gave you time. If I was on trial they would not extend my time to prepare..

    Posted on Saturday, January 18, 2014 at 4:20am
  88. What a waste of money! Have they forgotten that there are poor people, jobless people and old people who will be happy to get some extra income!!!

    Posted on Saturday, January 18, 2014 at 4:24am