Supreme Court Stops Same-Sex Marriage in Utah For Now

Author: David B. Weisenfeld, XpertHR Legal Editor

January 6, 2014

The Supreme Court has put a stop to same-sex marriages in Utah in a case with broad national ramifications. Since US District Judge Robert J. Shelby struck down the state's voter-approved ban on gay marriage on December 20, at least 1,000 same-sex couples have been married in Utah. But in a brief written order today, the Supreme Court placed any further same-sex marriages in Utah on hold while the appeals process plays out.

Utah filed emergency requests with both the Denver-based 10th Circuit Court of Appeals and Judge Shelby, but those requests were denied. Judge Shelby's ruling was the first by a federal court to invalidate a state law denying recognition of same-sex marriages since the Supreme Court's groundbreaking decision in United States v. Windsor (June 27, 2013), which struck down part of the Defense of Marriage Act. He held that the state ban violated the equal protection rights of same-sex couples.

That ruling temporarily made Utah the 18th state to permit gay marriage and came as a surprise because of the state's conservative nature as headquarters for the Mormon church, which firmly supports "traditional marriage between a man and a woman." But state officials appealed Judge Shelby's decision almost immediately.

Utah Governor Gary Herbert said the federal judge's decision attempts to override the will of the people of Utah. In 2004, 66 percent of voters approved the state constitutional amendment banning same-sex marriage. Herbert applauded the Supreme Court's decision to stay Judge Shelby's decision at least until the 10th Circuit has a chance to hear the full merits of the case on appeal.

It is entirely possible the case will eventually return to the Supreme Court should Utah lose its appeal to the 10th Circuit. Left unclear is what happens to benefits for the many same-sex couples legally married during the last two weeks should Utah prevail.

Another state in the region, New Mexico, also recently legalized gay marriage. However, that development is not being challenged and is on firmer footing since it resulted from a decision by the New Mexico Supreme Court.