Federal Judge Strikes Down Utah's Same-Sex Marriage Ban

Author: David B. Weisenfeld, XpertHR Legal Editor

December 23, 2013

Same-sex marriages began in earnest in Utah on the evening of December 20, after US District Judge Robert J. Shelby struck down the state's voter-approved ban, which restricted marriage as between a man and a woman.

In his ruling, Judge Shelby found no evidence that allowing gay marriages to take place would harm opposite-sex marriages in any way. He wrote, "The [s]tate's current laws deny its gay and lesbian citizens the fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason."

The result came as a shock to many because of Utah's conservative nature as headquarters for the Mormon church, which firmly supports "traditional marriage." It also marks the first federal court ruling to invalidate a state law denying recognition of same-sex marriages since the Supreme Court's landmark decision in United States v. Windsor (June 27, 2013). But how long same-sex marriages can continue in the state is uncertain.

Utah filed emergency requests with the 10th Circuit Court of Appeals and Judge Shelby to stop same-sex marriages from taking place in Utah. The 10th Circuit immediately denied the state's first appeal on technical grounds. Meanwhile, Judge Shelby held today that Utah had not met the legal standards required for him to block his original ruling. However, the possibility still exists that the 10th Circuit could halt same-sex marriages from going forward while the appeals process runs its course.

For the time being, Utah is the 18th state to allow same-sex marriage. New Mexico became the 17th last week after its state supreme court found it unconstitutional to deny marriage licenses to gay and lesbian couples.

Utah Governor Gary Herbert said Judge Shelby's decision attempts to override the will of the people of Utah. In 2004, 66 percent of voters had approved the state constitutional amendment banning same-sex marriage. President Obama appointed Judge Shelby to the federal bench in 2011 after Utah Sen. Orrin Hatch (R) recommended him.