Utah will not recognize same-sex marriages performed before high court stay

[Newsjock]

Source: CNN

Utah will not recognize the hundreds of same-sex marriages that were temporarily allowed by a federal judge's ruling but before the Supreme Court issued an injunction, the state announced Wednesday.

Officials say more than a thousand marriage licenses between gay and lesbian couples were issued in the 17 days between the initial ruling and the high court's Monday order blocking enforcement.


Read more: http://politicalticker.blogs.cnn.com/2014/01/08/utah-will-not-recognize-same-sex-marriages-performed-before-high-court-stay

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Utah puts hold on same-sex marriages that occurred before stay
Source: Salt Lake Tribune

... "Wherever individuals are in the process of availing themselves of state services related to same-sex marital status, that process is on hold and will stay exactly in that position until a final court decision is issued," the letter said.

However, if couples had already received, for example, new driver licenses reflecting new names, those licenses do not need to be revoked, the letter said. But couples may not now seek new licenses.

... Amy Fowler, 35, who married partner of three years Pidge Winburn, 37, at the Salt Lake County Clerk’s Office on Dec. 30, says it was "heart-wrenching" to have those rights — at least in the interim — taken away.

"Before we were able to get married, we sort of knew … we knew the line here of ‘Here are the things that we don’t get. We live in Utah and we choose to live here and so whatever, we’ll put up with this. One day it will change,’" she said. "And then in a blink of an eye, all of that changes. And lo and behold, the earth did not open up and swallow Salt Lake City."

Read more: http://www.sltrib.com/sltrib/news/57367991-78/state-court-sex-letter.html.csp

[mike_c]

1. I dearly love Utah, so it's with some regret that I will boycott the state...

...as long as it continues to vigorously pursue discrimination against LGBT citizens.

[JaneyVee]

2. Oh grow the fuck up Utah.

[Drunken Irishman]

3. This is probably why the Supreme Court issued a stay...

As awful as it is, there is no guarantee the 10th Circuit Court of Appeals, probably one of the more conservative of the district courts, will uphold Judge Shelby's ruling that the ban was unconstitutional. If marriages continued, and the court ruled the ban was not unconstitutional, the state would have stepped in and done the same thing - risking even more marriages being negated until a later point when the decision is appealed.

It sucks all around. In the end, I think the courts will rule against the state. But for now, the status quo lives on.

[LadyHawkAZ]

4. Keep digging that hole, Governor!

Here, let us hand you a bigger shovel.

Remember that miscarriage law, and how stupid you looked? Yep, that's where this is going.

~Signed, The residents of Utah's Blue Island.

[William769]

5. There are several people we have to thank for this.

I'm also sure there are several that are just giddy over this news.

[dbackjon]

6. Criminal Activity, aided and abetted by our supposedly "Progressive" SCOTUS justices

[Jesus Malverde]

7. What bullshit!...

My sexual orientation is being used as a political fucking football. 43 years of this crap.

[uppityperson]

8. Oh fuck this shit. eom

[jmowreader]

9. Trestin Meacham is eating again

You know that if someone would have threatened to take away their tax deduction for religious contributions or something else they like, there would have been screaming like you wouldn't believe. But it's just some gay people who want all those special rights like not being able to be compelled to testify against their spouse in a criminal matter or the ability to make end-of-life decisions for that person (which are some of the rights a lot of opposite-sex married couples don't even know they have), so that's fine.

[blkmusclmachine]

11. What the gay people got was Taxation Without Representation,

And The Denial Of "Life, Liberty, and The Pursuit Of Happiness."

[jmowreader]

14. I was thinking, "separate but equal"

Except that it's not really equal because Utah's dog whistle amendment allows neither marriage nor civil union.

[1000words]

16. There's always the risk of choking.

Trying to be an optimist, here.

[Coyotl]

10. Point of LAW = Here is the Utah State e-mail in this regard:

Derek Miller, Herbert's chief of staff, sent state agencies the following email Tuesday night:

Dear Cabinet,

I'm sure you are all aware of the issuance of the stay regarding same-sex marriage in Utah from the United States Supreme Court yesterday. This stay effectively puts a hold on the decision of the district court, which found state laws prohibiting same-sex marriage in Utah to be unconstitutional.

After the district court decision was issued on Friday, December 20th, some same-sex couples availed themselves of the opportunity to marry and to the status granted by the state to married persons. This office sent an email to each of you soon after the district court decision, directing compliance.

With the district court injunction now stayed, the original laws governing marriage in Utah return to effect pending final resolution by the courts. It is important to understand that those laws include not only a prohibition of performing same-sex marriages but also recognizing same-sex marriages.

Based on counsel from the Attorney General's Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice. Please understand this position is not intended to comment on the legal status of those same-sex marriages – that is for the courts to decide. The intent of this communication is to direct state agency compliance with current laws that prohibit the state from recognizing same-sex marriages.

Wherever individuals are in the process of availing themselves of state services related to same-sex marital status, that process is on hold and will stay exactly in that position until a final court decision is issued. For example, if a same-sex married couple previously changed their names on new drivers licenses, those licenses should not be revoked. If a same-sex couple seeks to change their names on drivers licenses now, the law does not allow the state agency to recognize the marriage therefore the new drivers licenses cannot be issued.

We appreciate your patience and diligence in this matter. We recognize that different state agencies have specific questions and circumstances that will need to be worked through. Please do so with the Assistant Attorney General assigned to your respective agency in coordination with the Governor’s General Counsel. We also recognize that these changes affect real people’s lives. Let us carefully and considerately ensure that we, and our employees throughout the state, continue to treat all people with respect and understanding as we assist them.

Regards,

Derek B. Miller

Chief of Staff

Governor's Office State of Utah

http://www.motherjones.com/mojo/2014/01/utah-just-decided-it-isnt-going-recognize-1300-same-sex-marriages-it-already-certified

[burnsei sensei]

12. Bad faith

nt

[kiranon]

13. So much for the separation of church and state. Not so sure

Utah can declare the marriages invalid since they took place while the law was in place and the parties relied on the existing law. First person I ever saw who was different gender wise was when I was a child and a very good Mormon family's son was transgender from the time he could express his difference. He was only 18 months when his parents took him to a psychiatrist. He wanted to be a girl and it seemed ok to me even though I was only 8 or 9 at the time. His parents shipped him off to private schools out of state. Have no idea how it turned out with the family as I never saw him again after he turned 5. It's time for Utah to move on and grow up. IMHO.

[marshall]

15. Thanks Justice Ginsburg

She opened this door.