December 24, 2013
The Tenth Circuit Court of Appeals has just refused the state of Utah’s request to stay the district court judge’s order and halt same-sex marriages in the state. The appeals court also called for the appeal of the case on the merits to be put on a fast-track.
The order concludes:
Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted. Accordingly, we deny Defendants-Appellants’ emergency motions for a stay pending appeal and for a temporary stay. In addition, we direct expedited consideration of this appeal. The Clerk is directed to issue a separate order setting deadlines for briefing.
The state can ask the Circuit Justice for the Tenth Circuit Court of Appeals to review an application for a stay. The Circuit Justice there is Justice Sotomayor. She can decide to grant or deny a stay on her own, or ask the full Court to decide.
UPDATE 7:42PM ET: A reporter in Utah who has been following this story has received confirmation the state will ask Justice Sotomayor for a stay:
— Ben Winslow (@BenWinslow) December 25, 2013
Thanks to Kathleen Perrin for this filing