This is an unfortunate ruling. The US Supreme Court has put a hold on U.S. District Judge Robert J. Shelby’s decision to strike down Utah’s ban on marriage equality, which reinstates the state ban & will keep it intact until after a federal appeals court has ruled on it. So gay & lesbian couples will once again be discriminated against in Utah. Had the Supreme Court refused the state’s request for delay that would have left at least the impression that the Court was comfortable allowing gay marriages to go forward in the 33 states where they are still not permitted by state law. As you know Utah had asked for a delay from Justice Sonia Sotomayor who handles such emergency requests from the geographic region that includes Utah which is in the Tenth Circuit. She referred it to the full Court rather than acting alone. The Court acted within a short time after the final written filing had been submitted by state officials earlier in the day. As a result of the new order, the Tenth U.S. Circuit Court of Appeals, based in Denver, will go forward with an expedited review of Judge Shelby’s decision. The appeals court has ordered briefing to begin on January 27th & to be completed by February 25th. It has indicated it is not likely to grant any extensions of time to file those documents. A hearing date has not been set. Updates to Come…
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