Utah To Ask SCOTUS To Block Same-Sex Marriage Decision During Appeal


This post has been updated.

The Utah attorney general’s office will ask the Supreme Court to keep counties from issuing marriage licenses to same-sex couples while the state appeals a federal district court’s ruling, now that a federal appeals court has denied the request for an emergency stay on the decision three times, according to Fox 13 News Salt Lake City.

Justice Sonia Sotamayor, who oversees Utah in the 10th Circuit for the Supreme Court, will review the emergency stay request.

The state is working with attorneys to submit the next stay request as soon as possible, according to Fox 13 News’ Ben Winslow.

County clerks have been issuing marriage licenses to same-sex couples since the court struck down the gay marriage ban last week. A few counties had refused to issue same-sex marriage licenses while the state requested an emergency stay. By Thursday, all but one county was issuing licenses to all couples after the attorney general on Tuesday ordered all clerks to grant licenses while the state appeals the ruling.

The Utah attorney general’s office announced Thursday that its request to the Supreme Court for an emergency stay may be delayed for a few days while the state consults with outside counsel.

Correction: This post originally stated that Sean Reyes is the attorney general. He has been named to the post, but has not yet taken office.