The Herald Bulletin

Morning Update

Breaking News

December 23, 2013

Utah's same-sex marriage ban back in court

SALT LAKE CITY, Utah —  A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday, when the state's same-sex marriage ban was overturned.

U.S. District Judge Robert J. Shelby ruled that Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.

Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing Monday morning on the request.

On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying it couldn't rule on a stay since Shelby hasn't acted on the motion before him.

Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church.

Hundreds of couples are expected to arrive at county clerks offices early Monday morning in hopes of getting marriage licenses before a possible halt if Shelby grants the stay its request. Legal experts say that even if a stay is granted, the licenses that have already been issued will likely still be valid.

For now, a state considered as one of the most conservative in the nation has joined the likes of California and New York to become the 18th state where same-sex couples can legally wed.

Utah is home to The Church of Jesus Christ of Latter-day Saints, which was one of the leading forces behind California's short-lived ban on same-sex marriage, Proposition 8, which voters approved in 2008. The church said Friday that it stands by its support for "traditional marriage" and that it hopes a higher court validates its belief that marriage is between a man and woman.

In Shelby's 53-page ruling, he said the constitutional amendment Utah voters approved in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment. Shelby said the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.

The decision drew a swift and angry reaction Republican Gov. Gary Herbert, who said he was disappointed in an "activist federal judge attempting to override the will of the people of Utah." The state quickly took steps to appeal the ruling and halt the process, setting up Monday's hearing before Shelby.

The ruling has thrust Shelby into the national spotlight. He has been on the bench for less than two years, appointed by President Barack Obama after GOP Sen. Orrin Hatch recommended him in November 2011.

Shelby served in the Utah Army National Guard from 1988 to 1996 and was a combat engineer in Operation Desert Storm. He graduated from the University of Virginia law school in 1998 and clerked for the U.S. District Judge J. Thomas Greene in Utah, then spent about 12 years in private practice before he became a judge.

 

1
Text Only
Breaking News
  • news_horselesscarriage.jpg Proposed car to replace NYC horse carriages shown

    An electric car that proponents hope will replace horse-drawn carriages in New York City was presented Thursday at the New York International Auto Show, as critics expressed their distaste for the idea.

    April 18, 2014 1 Photo

  • news_southwest.jpg Flight lands safely in Indiana after threat

    An Indianapolis airport spokesman said a Southwest Airlines flight safely made an emergency landing after the airline received some kind of threat.

    April 18, 2014 1 Photo

  • Indianapolis police officer kills ex-wife, self

    Authorities say an Indianapolis police officer shot and killed his estranged wife, also an officer, and then turned the gun on himself.

    April 18, 2014

  • news_homesickforprison.jpg Man said to be homesick for prison gets 3½ years

    An ex-con who spent most of his adult life behind bars on Thursday got what he said he wanted for robbing a suburban Chicago bank. The 74-year-old gets to go back to the place he called home — prison.

    April 17, 2014 1 Photo

  • Gay Marriage Utah [Duplicate] Judge asks pointed questions in gay marriage case

    A judge in Colorado who will play a pivotal role deciding whether gays should be allowed to wed in the United States asked pointed questions Thursday about whether Oklahoma can legally ban the unions.

    April 17, 2014 1 Photo

  • news_obamalocalschools.jpg Obama: 8 million signed up for health care

    Eight million people have signed up for health care through new insurance exchanges and the proportion of younger applicants has increased, President Barack Obama said Thursday.

    April 17, 2014 1 Photo

  • 0107 Super WAL-MART 1 Wal-Mart jumps into the money transfer biz, loudly

    The world's largest retailer introduced a new money transfer service Thursday that it says will cut fees for its low-income customers by up to 50 percent compared with similar services elsewhere.

    April 17, 2014 1 Photo

  • news_ukraineprotests.jpg Deal reached on calming Ukraine tensions

    Top diplomats from the United States, European Union, Russia and Ukraine reached agreement after marathon talks Thursday on immediate steps to ease the crisis in Ukraine.

    April 17, 2014 1 Photo

  • news_target.jpg Cyber cops: Target hackers may take years to find

    Secret Service investigators say they are close to gaining a full understanding of the methods hackers used to breach Target's computer systems last December.

    April 17, 2014 1 Photo

  • Evacuation came too late for many on sinking ferry

     An immediate evacuation order was not issued for the ferry that sank off South Korea's southern coast, likely with scores of people trapped inside, because officers on the bridge were trying to stabilize the vessel after it started to list amid confusion and chaos, a crew member said Thursday.

    April 17, 2014

Featured Ads
More Resources from The Herald Bulletin
AP Video
Obama Hopeful on Ukraine, Will Watch Russians Flamingo Frenzy Ahead of Zoo Construction Crew Criticized Over Handling of Ferry Disaster Agreement Reached to Calm Ukraine Tensions Raw: Pope Francis Performs Pre-easter Ritual Raw: Bulgarian Monastery Dyes 5000 Easter Eggs Diplomats Reach Deal to Ease Tensions in Ukraine U.S. Sending Nonlethal Aid to Ukraine Military Holder: Americans Stand With KC Mourners Obama Greets Wounded Warriors Malaysia Plane: Ocean Floor Images 'Very Clear' Sparks Fly With Derulo and Jordin on New Album Franco Leads Star-studded Broadway Cast Raw: Two Lucky Kids Get Ride in Popemobile Boston Bombing Survivors One Year Later Sister of Slain MIT Officer Reflects on Bombing
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Helium debate
Helium
Front page
Poll

How well do you monitor your child's use of social media?

I do a good job
I check occasionally
Not well at all
     View Results