Federal judge allows same-sex weddings in Utah to continue

The federal judge who threw out Utah’s ban on same-sex marriages has refused a state request to block gay weddings while the matter is taken to a high court.

U.S. District Judge Robert J. Shelby on Monday denied a request by the state that sought to bar gay weddings until the appeals process is completed.

State officials are expected to seek action by the 10th Circuit Court of Appeals. The appellate court had refused to issue a stay Sunday, saying it would wait until Shelby ruled.

Shelby last week held that the state’s ban on same-sex marriages was unconstitutional, setting off a flurry of matrimonial activity as marriage licenses were sought and some weddings took place.

After the judge’s ruling Monday, officials in some parts of the state began issuing marriage licenses to same-sex couples who began lining up as early as 6 a.m., according to local media reports.

State lawyers argued in court Monday that a stay was needed because Shelby’s decision Friday had caught officials by surprise and meant that if Utah was successful in its appeal, any same-sex marriages performed would be left under a cloud of uncertainty.

Peggy Tomsic, who represents three same-sex couples in the lawsuit that challenged Utah’s ban, told the judge: “Fundamentally, the state is asking you to go backward.�

Many Utah residents belong to the Church of Jesus Christ of Latter-day Saints, which has fought same-sex marriage in Utah and elsewhere.

In a 53-page ruling, Judge Shelby held that Utah’s ban on same-sex marriage, passed by voters in 2004, violated the right of gay and lesbian couples to due process and equal protection under the 14th Amendment to the U.S. Constitution.

“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,� Shelby wrote. “Accordingly, the court finds that these laws are unconstitutional.�

The Utah ruling came a day after New Mexico’s Supreme Court legalized same-sex marriage, by ruling that it is unconstitutional to deny a marriage license to gay and lesbian couples. New Mexico became the 17th state, along with the District of Columbia, to allow same-sex marriages.

Earlier this year, the U.S. Supreme Court struck down portions of the federal Defense of Marriage Act, in effect, recognizing same-sex marriages for the purpose of receiving federal benefits. The decision has led to a flurry of lawsuits to force states to legalize same-sex marriages.