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- Aug 4, 2001
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Supreme Court Justice Sonia Sotomayor received the Utah petition and then asked her colleagues to weigh in.
The court followed up with a two-sentence order without comment that puts same-sex marriages on hold in Utah only.
(CNN) – The Supreme Court on Monday temporarily blocked same-sex marriage in Utah, an apparently unanimous order in favor of the state that sends the matter back to an appeals court for expedited consideration.
http://www.foxnews.com/politics/201...y-marriage-on-hold-in-utah/?intcmp=latestnewsThe state's request to the Supreme Court was filed with Justice Sonia Sotomayor, who handles emergency appeals from Utah and the five other states in the 10th Circuit. Sotomayor turned the matter over to the entire court.
The action now shifts to Denver, where the appeals court will consider arguments from the state against same-sex marriage as well as from the three gay and lesbian couples who challenged the ban in support of Shelby's ruling. The appeals court had twice rebuffed the state's plea to stop gay weddings pending appeal.
This is the text of the SC Order
(ORDER LIST: 571 U.S.)
MONDAY, JANUARY 6, 2014
ORDER IN PENDING CASE
13A687 HERBERT, GOV. OF UT, ET AL. V. KITCHEN, DEREK, ET AL.
The application for stay presented to Justice Sotomayor and
by her referred to the Court is granted. The permanent
injunction issued by the United States District Court for the
District of Utah, case No. 2:13-cv-217, on December 20, 2013, is
stayed pending final disposition of the appeal by the United
States Court of Appeals for the Tenth Circuit.
University of Minnesota law professor Dale Carpenter, a constitutional scholar and expert on same-sex marriage law, said Monday’s order will likely have the effect of slowing down the legalization of gay marriage by judicial fiat until the Supreme Court decides to revisit the issue.
“It’s a signal to the other district courts and circuit courts across the country that we’re not going to rush into this,” Mr. Carpenter told Law Blog. “We’re not going to allow anybody to game the system and make same-sex marriage legal nationwide before the Supreme Court gets to speak to the issue.”
The eventual event is legalization. The question is when. Not if.