Utah’s SCOTUS appeal is delayed

Timothy Kincaid

December 26th, 2013

The next step for the State of Utah in their quest to halt same-sex marriages is to appeal to the Supreme Court for a stay on enforcing Judge Richard Shelby’s ruling overturning the state’s constitutional amendment banning marriage equality. But while I expected that to happen immediately this morning, it seems that there will be a delay. (fox13)

A spokesman for the Utah Attorney General’s Office told FOX 13 the office is not expected to file an emergency request with the U.S. Supreme Court to halt same-sex marriage licenses from being issued “for a few days.”

The state had said Tuesday it would file a request with U.S. Supreme Court Justice Sonia Sotomayor, after the 10th U.S. Circuit Court of Appeals in Denver rejected the request. On Thursday, attorney general’s spokesman Ryan Bruckman said the office was coordinating with outside counsel before proceeding.

Having finally recognized that they are completely inept and that they have bungled every step of the way, the state is now seeking to craft a request that will speak to the concerns of the Supreme Court justices.

But after a week of equality and a thousand marriages, getting a stay may be increasingly difficult with each day that passes.

FYoung

December 26th, 2013

As someone else said on another blog, if the Attorney General’s office chooses to take a few more days to get ready before even applying for a stay from SCOTUS, it sort of contradicts the very basis of their application, their claim that there actually is a genuine “emergency.”

Mark F.

December 26th, 2013

I think that if they get their act together, they have a decent chance of getting their stay from SCOTUS.

Hyhybt

December 26th, 2013

What are they up to? Surely even they know that voluntarily delaying is not exactly going to make any justice more disposed to claims of an emergency, so what’s going on?

FYoung

December 27th, 2013

I am not a lawyer, but I understand from the comments at Equality on Trial that the standard to get a stay from SCOTUS on this case is different from and higher than at the Court of Appeal. According to some commentators there, Utah would need to show that the Tenth Circuit had abused its discretion by not granting a stay.

James

December 27th, 2013

I too am not a lawyer, but my guess is that the “outside counsel” who they are consulting would be those from the AGs offices of the other 10th Circuit States who will be strongly affected by whatever eventually takes place at the 10th Circuit – in that case the State of Utah is wise to go slow – the AGs of the other states are probably begging them to craft their appeal very, very carefully!

FYoung

December 27th, 2013

If Utah indeed has to argue that the two 10th Circuit judges abused their discretion, that puts Utah in a very delicate position since it is that very court that they will have to face to argue their appeal on the merits.

cowboy

December 31st, 2013

This tidbit of news:

Monte N. Stewart, a Boise attorney and founding president of the Utah-based Marriage Law Foundation, has helped the state craft its legal theory so far and will be the attorney of record on the stay application

— SLTrib Dec. 31, 2013

So, we have another BYU alum!

I’m not surprised. But being part of the MLF makes it less of a Church and State conflict?

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

Because Fox News Cut Away From Khizr Khan

Federal Appeals Court Reluctantly Rejects Expanding Existing Civil Rights Law To Cover Sexual Orientation

Report: Florida Gov. Scott May Support Gay Rights, Post-Pulse

Sarah McBride Becomes First Transgender Person To Address a National Convention

Chad Griffin To DNC: "Donald Trump Strutted Before the Cameras and Exploited Our National Tragedy"

Orlando Victim's Mother Addresses DNC

The USNS Harvey Milk Will Join the Navy Fleet

Twelve States File Brief Supporting Transgender Coverage Under Civil Rights Laws

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.