The Supreme Court has issued a stay in the Amendment 3 case, meaning marriage licenses can, at least temporarily, no longer be issued to same-sex couples in Utah.
The decision, which came from the full court, halts the issuing of marriage licenses until the 10th Circuit Court in Denver hears arguments on appeal.Â
Judge Robert Shelby ruled Amendment 3 was unconstitutional in late December, opening the doors for same-sex couples to get marriage licenses in Utah. An estimated 1,000 couples same-sex couples have been married since that decision.
The 10th Circuit court has set an expedited schedule for the appeal of Shelby’s ruling, with court filings due by February 25th.
Since the Monday order provided no explanation, it was not clear which of the arguments made by state officials had been convincing to the Justices. The state had argued, among other things, that U.S. District Judge Robert J. Shelby’s decision nullifying Utah’s ban had preempted the power of the Supreme Court to be the final arbiter on that question. The state also had contended that its interest in enforcing its ban would have been undercut by a refusal of a stay. And it had said that it would be difficult to untangle marriages that had occurred in the meantime, if the ban were ultimately upheld in the courts.
As a result of the new order, the U.S. Court of Appeals for the Tenth Circuit, based in Denver, will go forward with an expedited review of Judge Shelby’s decision. The appeals court has ordered briefing to begin on January 27 and to be completed by February 25. It has indicated it is not likely to grant any extensions of time to file those documents. It has not yet set a hearing date.
With the Justices’ order in the case, it now appears almost certain that the question of state power to bar same-sex marriages will not be before the Justices during the current Term. A case on that issue would have to be granted this month to be reviewed before the Court is expected to finish this Term in late June.
