Appeals Court Orders Utah on Christmas Eve: Move Forward With Same-Sex Marriages

A federal appeals court has refused yet again to stop gay marriage in Utah, making it more likely that same-sex weddings in the home of the Mormon church are here to stay for the immediate future.

The 10th U.S. Circuit Court of Appeals’ rejection of Utah’s request for an emergency order to put gay marriage on hold marked yet another legal setback for the state. Utah lawyers have repeatedly struck out in their bid to block gay marriage, getting rejected on four occasions in recent days.

Utah’s last chance to temporarily stop the marriages would be a long-shot request before U.S. Supreme Court. That’s what the Utah attorney general’s office is prepared to do, spokesman Ryan Bruckman said. Gov. Gary Herbert’s office declined to comment on the decision.

“We’re disappointed in the ruling, but we just have to take it to the next level,” Bruckman said.

Carl Tobias, a constitutional law professor at Virginia’s University of Richmond who has tracked legal battles for gay marriage, said he expects the U.S. Supreme Court to make a decision by Friday. He thinks Utah faces long odds to get their stay granted, considering two courts have already rejected it and marriages have been going on for days now.

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