Monday, July 21, 2014

US Supreme Court Extends Evans Case Stay

by Brig Bagley

21 July 2014

Justice Sonia Sotomayor granted the extended stay in the case that requires Utah to recognize same-sex marriages performed in Utah. Justic Sotomayor also granted the stay for the Amendment 3 case in January. The granting of the stay is by no means to indicate whether the US Supreme Court will take Utah's appeal of the Amendment 3 case, nor what the jury would rule.

This stay marks another delay by Utah for same-sex couples and their families to enjoy the comfort of the benefits that legally come with marriage. Proponents of SSM are disappointed, but not surprised. Just as they have tried everything to get their rights, Utah will try everything to deny them. But proponents are confident that the SCOTUS will eventully rule in favor of SSM.

Opponents are relieved at the upheld stay, as same-sex marriages would have been required to be recognized today. The governor's office and the attorney general's office both believe the stay was important to avoid confusion and to keep consistent. They believe that the stay was a necessary until the Supreme Court gives final clarity on the issue.

The stay was put into place until a decision on the Amendment 3 case is made by SCOTUS. This essentially renders the entire Evans case unnecessary, as a SCOTUS ruling would decide what would ultimately happen. However, it does guarantee that Utah must  recognize same-sex marriages should the Amendment 3 ban be ruled unconstitutional.

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