Tuesday, December 24, 2013
Utah Clerks, Gov. Pouting
There seems to be a lot of chest thumping and petulance in Utah. The Christian Science Monitor has a nice piece of analysis of the disbelief, denial and disobedience following the federal court declaration mandating marriage equality...and the refusal of the judge to stay same-sex marriages.
While over 1000 gay couples have married there, clerks in some counties refuse to issue licenses. The state AG told them they risked contempt of federal court. The Governor said he's had the AG appeal to the full 10th District Circuit Court and will go to the Supremes if that fails. [Here's betting the SCOTUS wouldn't take it and if it did, do the same as it did with the appeal of the California post-Prop 8 case.]
In his 53-page ruling, District Judge Robert J. Shelby was very specific about how Utah's ban was unconstitutional. Then in rejecting a plea for a temporary order blocking implementation, he made it plain the arguments the state used were all in the original trial and findings. Nothing to see. Nothing to do. Move on.
Utah pols seemed determined to be real asses about it though.
Check and maybe Mate: In an update, the 10th Circuit Court did not wait until its Tuesday session next week. It quashed the request for a stay. The ruling is here. It denies both a stay pending appeal and a temporary stay, writing that the request did not meet the criteria — (1) the likelihood of success on appeal; (2) the threat of irreparable harm if the stay is not granted; (3) the absence of harm to opposing parties if the stay is granted; and (4) any risk of harm to the public interest.