Written by Paul Dail
In a move that has resulted in reactions of surprise and joy for some, and disappointment and outrage for others, on Monday, Oct. 6, the United States Supreme Court rejected an appeal by the State of Utah and four other states, including Virginia, Oklahoma, Indiana, and Wisconsin, to overturn a December circuit court decision, effectively making gay marriage legal throughout the state of Utah.
How the battle began
In November 2004, Utah voters approved Amendment 3 to the Utah State Constitution, which defined marriage and its subsequent benefits as strictly between a man and a woman. Amendment 3 was challenged as a violation of the 14th Amendment to the U.S. Constitution, and on Dec. 20, 2013, U.S. Fifth District Judge Robert Shelby ruled that the amendment was indeed unconstitutional.
In what was described as “chaos” by Utah Gov. Gary Herbert, Shelby didn’t impose an automatic stay on same-sex marriages, allowing Utah to issue an appeal. As a result, approximately 1,300 same-sex couples were married during the 17-day period between Shelby’s decision and the State of Utah’s appeal.
The appeal did result in the Supreme Court issuing a stay, which effectively placed Shelby’s ruling on hold until the Supreme Court decided whether or not it would hear the appeal. The Supreme Court’s stay effectively nullified the 1,300 marriage licenses already issued, amid some fear that the action would expose the state to a potentially expensive class-action lawsuit should Shelby’s ruling be upheld by the court.
The state appealed to the U.S. Supreme Court on two issues: Whether states have the ultimate right to make decisions regarding issues of marriage, and if there exists in the U.S. Constitution a right protecting same-sex marriage.
Early Monday morning, without comment on their opinions or reasoning, the Supreme Court rejected the State of Utah’s appeal, upholding the Court of Appeals’ decision. which ruled Amendment 3 unconstitutional.
“We were looking for clarity and we would abide by the law.”
As the state was advancing the case to the U.S. Supreme Court, Herbert released the following statement: “Regardless of where you stand on same-sex marriage, all Utahns deserve clarity and finality when it comes to the law. I believe states have the right to determine their laws regarding marriage and, as I have said all along, that decision will ultimately come from the United States Supreme Court.”
In a press conference given by Herbert and State Attorney General Sean Reyes Monday morning following the Supreme Court’s rejection of the appeal, both Herbert and Reyes expressed disappointment that the court had refused to review the case, and Herbert repeated his earlier sentiments.
“While I continue to believe the states have the right to define marriage and create laws regarding marriage, ultimately we are a nation of laws, and we here in Utah will uphold the law,” Herbert said. “The effect of this decision is that the stay that has been in place in Utah’s case has been lifted.”
Previous to the press conference, Salt Lake County District Attorney Sim Gill asked that same-sex couples continue to be patient, even given the Supreme Court’s rejection of the state’s appeal. This sentiment was echoed in the Washington County Clerk’s Office.
“We haven’t had any requests so far,” said County Auditor/Clerk Kim Hafen soon after the announcement came down, “but we won’t issue any [marriage licenses for same-sex marriages] until we hear from the attorney general or governor’s office.” Later in the day, Hafen said that Washington would begin issuing licenses to LGBT couples.
“I’m sworn by oath to obey the law,” Hafen said. “We will issue them.”
Iron County also announced on Monday that they will begin issuing same-sex marriage licenses immediately.
Herbert gave the directive to the rest of the state to recognize same-sex marriage in an afternoon press conference, stating that the 10th Circuit Court of Appeals had issued a mandate lifting its own stay and that the Governor’s Office had sent out a letter to all state agencies recognizing all “legally performed same-sex marriages” and to proceed according to the Court of Appeals’ decision.
“Let me encourage the people of Utah,” Herbert said, “please treat each other with respect and kindness as we transition through this new law.”
Reyes echoed these words, applying them retroactively and expressing that Utahns need to now work to heal any rifts that may have occurred between them as a result of this issue.
When questioned how much the State of Utah spent on this legal battle to defend Amendment 3, Herbert said that it was much less than most people thought. He said that the state had budgeted approximately $600,00 to get to this point, but he went on to say that it was a necessary expenditure and that it was “important that we uphold the laws put on the books by the people.”
Regarding how this will affect the future in Utah, Herbert was unwilling to speculate. “We know what it is today,” he said.
 |
| Protestors hold signs supporting equal marriage protections last December in St. George. |
One victory in a continuing battle
Herbert wasn’t the only one to express dissatisfaction that the Supreme Court had chosen not to review the matter. However, while the governor was unwilling to speculate on the future, members of the LGBT community recognize that this battle is far from over.
“I’m better today than yesterday,” said Marina Gomberg, interim executive director for Equality Utah. “We all wanted finality on this issue. We all may be feeling some relief that this long debate is now over. Now, all Utah families will have the protections we hold so dear. Utah has always been a family-oriented state, and now it is even more so.”
While the long debate may be over as far as Utah is concerned, Gomberg recognized that at last count, there are still 20 other states where same-sex marriage is still banned and where same-sex couples from states such as Utah won’t be legally recognized.
“I think that the ultimate goal is to have marriage legal in all 50 states,” Gomberg said, “but it looks like the trend among the circuit courts is to move that way, anyway. If there’s anything we’ve learned as an LGBT community, it is that we need to be dedicated but also patient. There are other circuits in other states where we will need to lend our support.”
Herbert’s directive to state agencies is set to go into effect immediately, recognizing legally performed same-sex marriage and marriage benefits.
Gay marriage supporters in Southern Utah will be celebrating their victory on Monday evening at 6:30 p.m. at Vernon Worthen Park, located at the intersection of 400 E. and 300 S. in St. George.
