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 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.