Courts & Tribunals
On 11 April 2016, the US Court of Appeals for the 10th Circuit overturned the District Court's ruling that the criminalization of cohabitation under the Utah polygamy law was unconstitutional, dismissing the appeal by the Attorney-General as moot on a technicality - the Browns (Plaintiffs-Appellees) did not face any credible threat to prosecution having moved to Nevada. The Court remanded the case ''to the district court with instructions to vacate its judgment and dismiss this suit without prejudice'' [C2.37], [R2.36].
On 06 October 2014, the US Court of Appeals for the Tenth Circuit issued its orders in the Bishop v. Smith (Oklahoma) and Kitchen v. Herbert (Utah) cases, allowing same-sex marriages to proceed in both states [C2.35], [R2.34].
On 06 October 2014, the U.S. Supreme Court denied review of five cases from Indiana, Oklahoma, Utah, Virginia and Wisconsin seeking the freedom to marry, leaving in force the five favorable marriage rulings reached in three federal appellate courts, meaning that soon, as many as 60% of the American people will be living in freedom-to-marry states [C2.33], [R2.32].
On 29 September 2014, the nine justices of the US Supreme Court likely met to discuss whether they should take up any or all of the seven petitions before the Court from Indiana, Oklahoma, Utah, Virginia and Wisconsin on the issue of marriage equality. (The only public word from the Court after the conference will be its order list. The list could be released earlier but likely will issue on 06 October) [R2.31].
On 05 August 2014, the State Governor and Attorney-General filed a petition in the US Supreme Court following the decision in Derek Kitchen et al. v. Gary S Herbert et al. seeking clarification as to whether the Fourteenth Amendment to the United States Constitution prohibits a state from defining or recognizing marriage only as the legal union between a man and a woman [C2.30], [R2.29].
On 18 July 2014, the US Supreme Court ordered: The preliminary injunction issued by the United States District Court for the District of Utah, case No. 2:14-cv-00055-DAK, on May 19, 2014 (requiring state officials to recognize the legally-performed marriages of same-sex couples), is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit. [C2.28], [R2.27].
On 11 July 2014, the US Court of Appeals for the 10th Circuit ordered Utah to recognize the marriages of approximately 1,300 LGBTI couples, staying the order until 21 July pending an appeal to the US Supreme Court [C2.26], [R2.25].
On 09 July 2014, it was reported that the 10th Circuit Court's decision in favor of marriage equality has been appealed to the US Supreme Court [R2.24].
On 25 June 2014, the 10th Circuit Court of Appeals in Colorado affirmed 2-1 the district court's ruling that Utahís same-sex marriage ban is unconstitutional, finding
A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union
. A stay was issued pending appeal [C2.23], [R2.22].
On 05 June 2014, the 10th Circuit Court of Appeals granted temporary stay on a request by the state to halt recognition of same-sex marriages. The judge set a Monday deadline for the state to appeal or begin recognizing more than 1,200 same-sex marriages performed after Amendment 3 was overturned [C2.21], [R2.20].
On 19 May 2014, US District Judge Dale A Kimball issued a preliminary injunction requiring state officials to recognize the legally-performed marriages of same-sex couples in the state before the Supreme Court issued its stay. Between 20 December 2013 and 06 January 2014, the State of Utah issued marriage licenses to over 1,300 same-sex couples [C2.19], [R2.18].
On 10 April 2014, the 10th US Circuit Court of Appeals began hearing the marriage equality case Kitchen, et al v. Herbert, et al No. 13-4178.
On 06 January 2014, the US Supreme Court granted a stay halting same-sex marriages in Utah pending pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit [C2.17], [R2.16].
On 31 December 2013, the State of Utah petitioned the Supreme Court to stay the ruling by US District Judge Robert Shelby in the marriage equality case. The petition is addressed to Justice Sonia Sotomayor, who is assigned to hear such petitions that come from states in the 10th Circuit [C2.15], [R2.14].
On 24 December 2013, the 10th Circuit Court of Appeals denied the state's emergency motion for a stay pending appeal and for a temporary stay, directing the expedited consideration of the appeal [C2.13].
On 23 December 2013, US District Court Judge Robert A. Shelby denied the state's motion to put his ruling on hold while the appeal process continues [C2.12], [R2.11].
On 23 December 2013, in the 10th Circuit Court of Appeals, Judges Holmes and Bacharach again denied Utah's emergency request for a temporary stay in the case to establish legal marriage equality [C2.10].
On 22 December 2013, in the 10th Circuit Court of Appeals, Judges Holmes and Bacharach denied Utah's emergency request for a temporary stay in the case to establish legal marriage equality [C2.9], [R2.8].
On 20 December 2013, the Acting Attorney General Brian Tarbet filed motions for a stay of the judgment that that the state's ban on same-sex couples marrying is unconstitutional in both the District Court and the 10th Circuit Court of Appeals [C2.7], [C2.6], [R2.5].
On 20 December 2013, US District Judge Robert J Shelby in the Utah District Court granted a motion for summary judgment in the Derek Kitchen & Ors v. Gary R Herbert & Ors case, ruling that the State ban on same-sex marriage was unconstitutional and perpetuates inequality [C2.4], [R2.3].
On 25 March 2013, Derek L. Kitchen and Moudi D. Sbeity, Karen Archer and Kate Call, Laurie Wood and Kody Partridge filed a complaint in the US District Court of Utah challenging Utah's voter-approved ban on same-sex marriage [C2.2], [R1.1]