It seems the 10th circuit says it does not appear there is any reasonable chance for the opponents to win on appeal. It appears no stay and gay marriage will be the law of the land through the appeals process.
Poor Judge Shelby is afraid the citizens will be upset and the "status quo" will be hurt. Oh, good grief. Later the Govenor's office said there has been no impact from "these" marriages. Good to see there is SOME sort of intelligence out there
What is the next step in the appeals process, It is strangely entertaining witnessing watching bigotry being displayed in an unedifying wailing and gnashing of teeth.
The next step is the State of Utah will ask SCOTUS for a stay pending appeal, probably Thursday. Justice Sonya Sotomayor will likely hear the request. If Sotomayor denies the request, gay marriage will continue through the appeals process. If she grants the stay, gay marriage will stop during the appeals process.
Me too. Last thursday I say a thread here entitled "Who will get gay marriage first, NM or UT?" I clicked on it to see the punchline. But it was no joke.
It was interesting to see this developing exactly at this time of year. Still it did stir up so many but the course of things to be has win. Congratulations to all and Merry Christmas to the newly weds!!
Most of the emergency stays which you hear about are things such as executions where there is irreparable harm if the courts fail to act. From the order denying the stay:
“The stay pending appeal is governed by the following factors: (1) the likelihood of success on appeal; (2) the threat of irreparable harm if the stay is not granted; (3) the absence of harm to opposing parties if the stay is granted; and (4) any risk of harm to the public interest. Homans v. City of Albuquerque, 264 F.3d 1240, 1243 (10th Cir.2001); 10th Cir. R. 8.1. The first two factors are the most critical, and they require more than a mere possibility of success and irreparable harm, respectively. Nken v. Holder, 556 U.S. 418, 434-35 (2009). Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted. “
The appeals court has ruled that there is not a clear case for a successful appeal and that there isn’t indication of irreparable harm by allowing the marriages to continue.
The Supreme Court will only act if it’s blatant that the District Court should have acted. That doesn’t seem to be the case.
Although the 10th District Court has ruled that an appeal is not likely it still does not mean that it is impossible. However, reading through Judge Shelby’s original ruling, he seems to make a very solid case that this is essentially the same as Loving v. Virginia the famous civil rights case where Virginia’s law forbidding interracial marriage was stuck down.
The fact is that we know more about homosexuality than we did before. Shelby’s reasoning is that SSM is not a new right, but a new understanding of human nature and therefore, SSM falls into a category of extending marriage into a category which was has been prohibited out of ignorance. Big difference, and if the 10th District Court and then the Supreme Court (if they take it) buy that, it will change the laws for part or all of the nation.
Actually, if the 10th District Court accepts Shelby’s reasoning, or accepts SSM for another reason, and allows the state constitution clause to be invalidated, similar law suits all over the nation will force the issue.
The irony of it all that Utah could and probably will play a big role in further states legalizing ssm is just too delicious. This is the most exciting thing to happen in Utah since polygamy was outlawed.
Come on now, everyone knows that the success of gay marriage is due to Satan and the Mormons will have to work harder to defeat Satan. It will remain so until the Prophet has a revelation saying otherwise.