ST. GEORGE – Utah Federal Solicitor and Chief of Staff Parker Douglas filed a motion in the 10th Circuit Court of Appeals Tuesday, asking the court to dismiss the state’s appeal of a preliminary injunction issued by the district court requiring recognition of the same-sex marriages of Jonell Evans and others.
On Monday, the U.S. Supreme Court denied the state’s request for review of its laws defining marriage as between a man and a woman and its right to so define legal marriage in Utah. Following the high court’s denial of review, the 10th Circuit Court of Appeals lifted a stay it had in place, thereby renewing its earlier mandate that the state issue marriage licenses to same-sex couples.
“With this court’s mandate in effect,” Douglas wrote in his motion to dismiss, “Utah is constitutionally required to recognize the marriages of the same-sex couples who were plaintiffs in the action. Therefore, the State of Utah’s appeal of the district court’s order of preliminary injunction requiring such recognition, as the law stands today, is moot.”
The motion was made with consent of the opposing parties’ counsel. The case will remand to the district court for determination of fees and costs.
- 10th Circuit Count order mandating the states once again issue marriage licenses to same-sex couples
- Herbert v Kitchen Petition for Writ of Certiorari and Appendix
- Oct 6 2014 10th Circuit Stay lifted in Kitchen v Herbert
- Community celebrates marriage equality at Vernon Worthen Park
- Governor says Utah will recognize same-sex marriage
- US Supreme Court denies hearing Utah’s petition on marriage statute
- High court may consider hearing Utah’s same-sex marriage case
- State files cert petition with Supreme Court in defense of marriage laws
- Supreme Court grants stay on same-sex marriage recognition
- Appeals court denies Utah’s request to stay recognition of same-sex marriages
- State leaders, others respond to court striking down Amendment 3
- Judge orders Utah to recognize same-sex marriages from 17-day window
- Big company names throw support behind same-sex marriage
- Perspectives: The greatest threat to marriage, loss of sanctity
- ON Kilter: The gay marriage debate is over
Copyright St. George News, SaintGeorgeUtah.com LLC, 2014, all rights reserved.