On Jan. 6, the Supreme Court granted a temporary stay that has once again halted same-sex marriages in the state of Utah. The decision has left those opposed to same-sex marriage celebrating a small victory in their effort to define marriage as being between one man and one woman – and it has left newlywed same-sex couples wondering if their marriages are still valid.
“Now that the stay has been issued, the state may now try to argue that it does not have to recognize the 1,000 marriages that were lawfully entered,” said Clifford Rosky, a University of Utah law professor and the chairman of Equality Utah. “There is no question that these marriages are still legally valid; they were authorized by a federal court order. But Utah might still try to refuse to recognize them, just as it is refusing to recognize marriages performed in other states. Ultimately, the courts will decide whether these marriages must be recognized, because one of the couples in the lawsuit was married while the court’s order was still in effect.”
“Needless to say,” Rosky added, “if the state refuses to recognizes these marriages, it would be inflicting a severe harm on more than 1,000 Utah families. It would be a profound blow not only to these couples but to every child or adult who loves them and depends on them.”
Marty Pendry-Struthers and his partner, Brian Struthers, were the first same-sex couple to get married in Washington County. When U.S. District Judge Robert Shelby overturned the state’s gay marriage ban on Dec. 20, the two hurried to the Washington County Clerk’s Office to obtain a marriage license. They were married that evening.
“We were going to wait until Monday morning or sometime Monday to [get married],” Pendry-Struthers said. But acquaintances urged them not to wait, he said, in case the ruling was overturned or something happened to stop the marriages.
“Even when this all began I expected this to happen,” he said, referring to yesterday’s Supreme Court decision. “That’s why Brian and I were so expedient about getting the paperwork processed the Monday after we were married. I always knew this would be a long process, but I remain optimistic that we will prevail.”
For Pendry-Struthers and his partner, the desire to be married had nothing to do with achieving “husband” status or defending gay rights – for them, it’s about legalities. In the past, when one of them was ill, the other was not allowed inside the hospital room because hospital policy is “family only”; boyfriends, girlfriends and other nonrelated persons aren’t permitted. If one of them was ever in an accident, he said, as an unmarried partner the other wouldn’t be allowed to visit or speak to the doctors.
“Now that I’m married to him,” Pendry-Struthers said, “I am the first one who would be allowed in.”
Pendry-Struthers said that while he and his partner hastened to make their union legal, other gay friends have chosen to wait until the legal battle is over.
“They’re going to wait until the final word: ‘Yes, you can, and there’s nothing anybody can do about it,’” he said.
Pendry-Struthers said he called the Washington County Clerk’s Office yesterday when he heard about the Supreme Court’s decision, trying to find out if his marriage was still valid. Nobody at the clerk’s office had an answer for him.
“They don’t know anything about it here in Washington County,” he said.
“I just want to remain as positive as I can. I don’t think anybody should be in fear of this,” he added. “Just remain optimistic, and I’m sure that we’ll prevail.”
Yesterday, Governor Gary Herbert issued the following statement regarding the Supreme Court’s decision:
“The Supreme Court made the correct decision to stay Judge Shelby’s ruling in the Amendment 3 case. Clearly, the stay should have been granted with the original District Court decision in order to have avoided the uncertainty created by this unprecedented change.
“As I have said all along, all Utahns deserve to have this issue resolved through a fair and complete judicial process. I firmly believe this is a state-rights issue and I will work to defend the position of the people of Utah and our State Constitution.”
Pendry-Struthers said it was evident from the beginning that this battle would not be a quick or easy one, and same-sex couples shouldn’t feel discouraged.
“It’s a rollercoaster ride and we’re just going over little bumps,” he said. “There’s always an end to the rollercoaster.”
Written by Cami Cox
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