BREAKING NEWS: If latest stay request is denied, same-sex marriage could continue in Utah through 2015

The Utah Attorney General’s Office plans to wait a few days before filing an emergency request with the U.S. Supreme Court to halt the issuance of same-sex marriage licenses, a spokesman for the Attorney General’s Office said today.

On Tuesday, after the 10th U.S. Circuit Court of Appeals in Denver rejected its request for a stay, the state declared it would file a request with U.S. Supreme Court Justice Sonia Sotomayor, who oversees the 10th Circuit and Utah federal courts. Today, a spokesman for the Attorney General’s Office said the office is coordinating with outside counsel before proceeding. This may delay the filing of the appeal for a few days, but the Attorney General’s office intends to file with the Supreme Court as soon as possible.

Justice Sotomayor will have the option of either granting or denying the stay filed by the state, or she may turn the matter over to be decided by the entire U.S. Supreme Court. Meanwhile, same-sex marriages will continue to be legal throughout the state of Utah.

The decision made by U.S. District Court Judge Robert Shelby last week, which overturned Amendment 3 and made same-sex marriage legal in Utah, is still pending in the 10th Circuit Court of Appeals. If Utah’s request to stop the issuance of same-sex marriage licenses pending appeal is denied by the Supreme Court, same-sex marriages will continue taking place throughout the state for the duration of the appeals process, which could take until 2015 to be decided.

Written by Cami Cox, photo by Josh Warburton