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News and commentary about the anti-gay lobbyJanuary 9th, 2014
Because the State of Utah’s arbitrary ruling on refusing state services (which had been available) to married same-sex couples just wasn’t wacky enough, the Attorney General has made a new exception. (Republic)
Local clerks in Utah can finish paperwork for same-sex marriages completed before the U.S. Supreme Court issued a temporary halt on Monday, the state’s attorney general said Thursday.
Attorney General Sean Reyes’ office issued the legal advice to county clerks Thursday afternoon.
…
In Weber County, about 30 couples married before the ruling, but their marriage certificates were not completed after county attorneys said to put them on hold.Reyes’ new advice was issued to clear up some confusion and only applies to marriages that were solemnized, his spokeswoman Missy Larsen said.
“As long as the marital ceremony happened prior to the stay, then the marriage can receive documentation,” Larsen said.
…
In the letter sent to county clerks, Reyes said that providing marriage certificates to those who wed while it was still legal is an administrative function, not a legal function, according to Utah law.
And changing a name on a driver’s license, yeah that’s totally legal, not administrative.
While this is very good news for the couples in Weber County as the federal government now can recognize their marriages – at least, maybe – it’s even more arbitrary and wacky than the last decision. Good luck making your case in court, boys.
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Tor
January 9th, 2014
I don’t understand why a marriage has to be “solemnized.” Doesn’t signing the marriage license form the necessary civil contract?
Gene in L.A.
January 10th, 2014
Tor, the license is only legal permission to marry, like a fishing license is permission to fish, etc. The ceremony of agreeing in front of a clergyman or other legally-empowered person and a minimum number of witnesses completes the contract.
Hunter
January 10th, 2014
Maybe they’re trying to create as much “chaos” as possible so their prediction will come true — although what the point is at this stage is anyone’s guess: the stay’s been granted.
Steve
January 10th, 2014
You definitely should be able to get married just by singing some papers. The whole ceremony requirement is BS.
Hunter
January 10th, 2014
Steve —
Actually, if you go back to what I’ve realized is a much more accurate definition of marriage, the ceremony is crucial. Cribbed from Joseph W. Campbell: “Marriage is the recognition by the community of the establishment of a new household.”
The community has to witness it. It’s another life stage event, and all such normally involve a ceremony of some sort — christening, bris, high-school (or college) graduation, bar mitzvah, wedding, retirement (sometimes), funeral. It’s all part of the social glue.
Ben In Oakland
January 10th, 2014
Steve. You don’t actually need even a ceremony per se, just solemnization. Someone with legal authority, in the presence of witnesses, can say just two words: “you’re married.” you can do it at starbucks over a tray of lattes.
jerry
January 10th, 2014
I totally agree with you Steve. People can always opt for a specific ceremony and a celebration with friends that is meaningful to them. I think a major problem with allowing people to legally marry the person of their choice has been the involvement of religion in the civil process.
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