Alaska asks federal judge to stay same-sex marriage decision

U.S. District Court Judge Timothy Burgess found the gay-marriage ban violated the equal protection clauses of the U.S. Constitution. LGBTQ Nation

ANCHORAGE, Alaska — The state of Alaska has asked a federal judge to stay his decision allowing same-sex marriages to go forward.

AlaskaThe state on Monday filed its notice that it will appeal to the Ninth Circuit Court of Appeals. It also asked U.S. District Court Judge Timothy Burgess to stay his opinion released Sunday, in which he found Alaska’s gay marriage ban unconstitutional.

The state’s filing came hours after gay couples began applying for marriage licenses across the state. Because of a three-day wait, the first marriage ceremonies can’t be held until Thursday.

In asking for a stay, state attorneys cite the likelihood that the 9th Circuit would grant the state of Idaho a hearing before the full court on its gay marriage ban being denied by a three-judge panel and used as a basis to strike down the Alaska law.

The state sought a stay during oral arguments on Friday if they were to lose, but Burgess didn’t grant the delay with his Sunday opinion.

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