December 23, 2013
UPDATE 4 7:21PM ET: The plaintiffs have now filed their opposition to a stay at the Tenth Circuit. The filing also has a transcript of today’s district court hearing.
UPDATE 3 6:50PM ET: Judge Shelby’s written order denying the stay has finally been handed down. It can be found here.
UPDATE 2 3:20PM ET: The 10th Circuit has set a deadline for 5 p.m. Mountain time today for the plaintiffs in the case to file their response to the state defendants request for a stay pending appeal. Plaintiffs had filed a notice of their intent to reply to the request.
UPDATE 1:47PM ET: Utah immediately filed a request to the Tenth Circuit for an emergency stay.
Judge Robert Shelby, the federal district court judge who struck down Utah’s same-sex marriage ban, has just denied the state’s request for a stay of his order. This decision means that same-sex marriages will continue in Utah, unless and until the state seeks an appeal of the stay denial in the Tenth Circuit Court of Appeals.
The district court also received briefs on the state’s request for a stay pending appeal of the decision on the merits. The state filed a new reply brief in district court today.
Some county clerks continued to issue marriage licenses to same-sex couples this morning.
The state has already filed its appeal of the case on the merits, and it has been docketed at the Tenth Circuit as 13-4178. It’s styled Kitchen v. Herbert.
With Judge Shelby’s denial of a stay pending appeal, the state has the option to appeal the denial to the Tenth Circuit, where they could grant or deny the stay, despite their earlier denial of the temporary one. (The Tenth Circuit denied the request “without prejudice” to the state re-filing the motion and following proper procedures.) The next step after the appeals court would be a request from the losing party to the Circuit Justice for the Tenth Circuit, who takes up various applications related to cases in that appeals court. The Circuit Justice for the Tenth Circuit is Justice Sonia Sotomayor. She could decide to grant or deny a stay on her own, or ask the full Supreme Court to decide.
The state is likely to decide soon whether to appeal this denial.
Thanks to Kathleen Perrin for these filings