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No action from Tenth Circuit

Timothy Kincaid

December 24th, 2013

As we slide into the final hours before the Christmas holiday, the Tenth Circuit remains closed-lipped about whether or not there will be a stay of Judge Shelby’s ruling. In the meanwhile, county clerks continue to issue marriage licences to same-sex couples, including several clerks who had refused to do so yesterday.

I’m curious as to the delay in announcing their decision. Decisions released in the afternoon before a holiday tend to get little attention and I wonder if this is a consideration (judges are, to some extent, politicians).

My wild hope is that the Tenth Circuit will refuse the stay based on the state’s inability to show any likelihood of winning the appeal. It’s a lot to hope for. But the timing couldn’t be better; by the time anyone pays attention, it will be a week down the road.



December 24th, 2013 | LINK

I’m pragmatic enough to think several of the 10th Circuit judges took some vacation time for Christmas so they decided to wait. Of course, if they thought it was an “emergency,” as Utah officials want them to think, they’d find a way to issue a stay. I, too, hope they refuse the stay.

A clergy colleague friend of mine was married to his long-time partner in Ogden on Monday, then stayed at the courthouse to officiate for other couples.

December 24th, 2013 | LINK

They did refuse the stay.

December 24th, 2013 | LINK

December 24th, 2013 | LINK

This bodes well for permanence.

December 25th, 2013 | LINK

I realize that we can’t take this as an indicator of the 10th Circuit’s final decision, but one of the reasons for refusing a stay is that the appellant is not likely to prevail at trial.

Mark F.
December 25th, 2013 | LINK

I would say there is some likelihood of winning the appeal, as SCOTUS has not decided there is a right to same sex marriage as of now, and “Baker” still stands as precedent. So I expect an eventual stay.

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