Same-sex marriage will be able to continue in Utah as the 10th Circuit Court in Denver today denied Utah’s request to halt the unions, hundreds which have been taking place throughout the state since the federal judge’s ruling Friday regarding such marriages. It was reported that over 700 same-sex marriage license applications have been issued since Friday throughout the state of Utah.
The order, which came down from the federal appeals court just before 5:30 p.m. Tuesday, Christmas Eve, denies both requests for a stay, which would have stopped same-sex marriage from continuing as Utah follows up with an appeal to circuit court. It may take many months until the appeals court could decide on the issue.
It has been reported that up to four Utah counties had either remained closed or were denying same-sex marriage licence applicants Tuesday. The state of Utah, including Utah Governor Gary Herbert, has been saying that marriages performed during this time would likely be dissolved if the ruling were to be overturned by a higher court, but legal experts disagree and precedent says otherwise.
Even if the decision were to be overturned, experts say the marriages that were duly performed through that decision will remain valid, based largely on what are called vested rights. The doctrine of vested rights was first held in 1891 in McCullough vs. Virginia, where the court held “It is not within the power of a legislature to take away rights which have been once vested by a judgment. Legislation may act on subsequent proceedings, may abate actions pending, but when those actions have passed into judgment the power of the legislature to disturb the rights created thereby ceases.”
It is the same doctrine that “grandfathers” property owners from new laws.
Written by Josh Warburton
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