This post has been updated.
Lawyers representing the gay couples in the Utah same-sex marriage court case on Monday said they remain confident about their ability win in federal appeals court despite the Supreme Court’s decision to issue a stay on same-sex marriages in the state.
“We were confident when we filed the case in 2013, we were confident when we presented the arguments to the District Court and we remain equally — if not more — confident about our defense of marriage equality before the 10th Circuit,” James Magleby, one of the attorneys, said in a statement obtained by the Salt Lake Tribune.
Magleby said that the plaintiffs were disappointed by the Monday decision to halt gay marriage in Utah.
“This stay is obviously disappointing for the families in Utah who need the protection of marriage and now have to wait to get married until the appeal is over,” he said in the statement. “Every day that goes by, same-sex couples and their children are being harmed by not being able to marry and be treated equally.”
Utah Gov. Gary Herbert (R) on Monday said the Supreme Court’s stay order was the “correct decision.”
“Clearly, the stay should have been granted with the original District Court decision in order to have avoided the uncertainty created by this unprecedented change,” he said in a statement. “As I have said all along, all Utahns deserve to have this issue resolved through a fair and complete judicial process. I firmly believe this is a state-rights issue and I will work to defend the position of the people of Utah and our State Constitution.”
In December, a federal court struck down Utah’s ban on same-sex marriage. County clerks in the state issued marriage licenses to gay couples until the state was granted a temporary stay request by the Supreme Court.
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