In Kitchen v. Herbert
, on December 20, 2013, the U.S. District Court for the District of Utah found Utah's ban on same-sex marriage unconstitutional. About 1300 same-sex marriages took place in Utah between that order and January 6, 201 ...
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In Kitchen v. Herbert
, on December 20, 2013, the U.S. District Court for the District of Utah found Utah's ban on same-sex marriage unconstitutional. About 1300 same-sex marriages took place in Utah between that order and January 6, 2014, when the Supreme Court granted the state an emergency stay of order in Kitchen. Although these marriages are recognized as legal by U.S. Attorney General Eric Holder, the State has declined to recognize them: instead, on January 8th, 2014, the Governor's office issued a directive stating that "[b]ased on counsel from the Attorney General's Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice." This case litigates that issue.
On January 28th, 2014, four same-sex couples married in Utah between December 20th, 2013, and January 6th, 2014 brought suit under the Due Process Clause against the State of Utah in the U.S. District Court for the District of Utah. The plaintiffs were represented by attorneys from the American Civil Liberties Union. They sought recognition of their marriages and costs of suit and reasonable attorneys' fees. The plaintiffs alleged that they have valid marriages under Utah Code Title 30 Chapter 1, and argued that by putting their marriages "on hold", the defendants violated the plaintiffs' rights to due process of law.
On May 19th, 2014, the court (Judge Dave A. Kimball) issued a preliminary injunction order that prohibited Utah from applying state marriage bans retroactively to same-sex couples who were married in Utah between December 20th, 2013, and January 6th, 2014. Evans v. Utah, 2014 WL 2048343 (D. Utah, 2014). In the same ruling, this motion was stayed by the court for twenty-one days to allow the defendants to seek an emergency stay pending appeal from the Tenth Circuit.
On June 5th, 2014, the Tenth Circuit Court of Appeals granted a temporary stay of the district court's preliminary injunction order, pending its fuller consideration of a stay motion. On July 11, the Court of Appeals held that the state had not met the criteria for a longer-lived stay. However, it left the stay in effect until July 21, so that the state would have time to seek an emergency stay from the Supreme Court. On July 18, the Supreme Court granted such a stay, operative until resolution of the case by the Court of Appeals. Megan Dolan - 06/26/2014