US Supreme Court denies hearing Utah’s petition on marriage statute

ST. GEORGE – The U.S. Supreme Court Monday morning denied Utah’s request for the high court’s review of its marriage statutes, defining marriage as only between a man and a woman and banning same-sex marriage, and the propriety of a U.S. district court finding those statutes unconstitutional.   The Supreme Court denied the petition for certiorari without comment in a list of over 1,500 other petitions denied.

Among other things, the state argued in its petition for certiorari in Herbert v. Kitchen, that the Supreme Court needed to decide that the right to establish a legal definition of marriage belongs to the state and not to the federal government, that no uniform marriage definition exists under the Constitution. The state’s petition acknowledged differing views of marriage, but the question for the Supreme Court was not which view is better, the petition argued, but whether the Constitution compels states to adopt either definition.

With the petition for cert denied by the Supreme Court, the question of states rights to defined marriage is, at least for now, decided in favor of U.S. district judges’ rulings on such statutes; decisions to date have found such state statutes banning same-sex marriage unconstitutional. Utah’s petition was one of seven similar petitions on the issue denied Monday.

“This means that the lower-court decisions striking down bans in Indiana, Wisconsin, Utah, Oklahoma and Virginia should go into effect shortly, clearing the way for same-sex marriages in those states and any other states with similar bans in those districts,” blogger Amy Howe posted Monday on on SCOTUS


Utah’s Amendment 3 became state law in 2004 upon 2/3 majority voter referendum. Amendment 3 was originally struck down as unconstitutional by federal District Judge Robert Shelby on Dec. 20, 2013, at which point more than 1,200 same-sex couples were married in Utah before a stay was placed on the ruling by the Supreme Court  on Jan 6, 2014.

A series of legal maneuvers followed, with the last stay on Shelby’s order issued July 18 by U.S. Supreme Court Justice Sonia Sotomayor pending final disposition of the appeal by the U.S. Court of Appeals for the 10th Circuit.

Shelby decision reinstated

Shortly after 10 a.m. Monday, the 10th Circuit Court of Appeals issued an order to the states to once again issue marriage licences to same-sex couples.

State and county responses

Before the 10th Circuit’s order was issued, Washington County Clerk Kim Hafen said he had been in touch with County Attorney Brock Belnap. They are working with the Utah Association of Counties, seeking direction from Attorney General Sean Reyes.  The consensus at about 10 a.m. was that the decision falls back to the 10th Circuit Court of Appeals, where a stay on Shelby’s order was issued pending 10th Circuit appellate decision – an appeal Utah deferred by going first to the U.S. Supreme Court.

The governor is scheduled to issue a statement from the Gold Room of the State Capitol at 11:30 a.m.

UPDATE: Governor says Utah will recognize same-sex marriage

Story updated at 11:15 a.m.

St. George News Senior Reporter Mori Kessler contributed to this story


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Twitter: @JoyceKuzmanic

Copyright St. George News, LLC, 2014, all rights reserved.


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  • Simone October 6, 2014 at 11:12 am

    To all my Lgbt friends and family I say this: after you get home tonight, on a Monday no less, tallk to your partner, your husband, your wife. Tell this person of your day, tell a joke and enjoy a glass of wine together. Thè fight for equality has been a long hard battle that has cost you greatly. Tonight as you slip into bed set apart a few moments to remember those who lost everything in this long fight for equality. Celebrate them tonight and tomorrow rise refreshed with the knowledge that liberty and justice for all reigned over bigotry and intolerance. You are the victor.

    Do not, my friends, hold this victory over the defeated. Though you may have won you are not above them. In stead go about your lives as normal. Go to work, school, shopping, complete your daily errands together as any couple would. You may get weird looks, a dirty word may be passed in your direction but do not let it bother you. Look beyond it and move forward with your lives. Together. Happy Anniversary. 🙂

    • Lance October 6, 2014 at 12:54 pm

      But where was the inequality to begin with? There were no laws against … living together and what laws existed against perverse acts were not being enforced. The entire [LGBT] mafia crusade over subverting the legal meaning of marriage is nothing more than a desire to escape the financial costs of their lifestyle. [LGBT] could have had anything needed legally to support their sex deviancy lifestyle, such as POA, wills, etc. on the same basis as normal man/wife marriage. As is often the case this is just an escape from personal responsibilty under the guise of new “rights”.
      Ed. ellipsis and alternate words in brackets.

      • Simone October 6, 2014 at 2:53 pm

        lance I appreciate your diatribe. I have just one question for you though. Why should a LGBT couple be made to pay more than a heterosexual couple doing the same thing?

        • ladybugavenger October 6, 2014 at 3:44 pm

          Well i dont know but getting married to pay less taxes isnt a good reason to get married…and now that they can get married they can also get divorced, except who will get custody and who will have to pay child support for there serrogate/adopted children, how will that be determined? The mother usually gets the children, not always, but usually…so who’s gonna be the women? And please now that you have this right to get married,you don’t need to flaunt it. I don’t like seeing heterosexual couples all over each other in public, I definitely don’t want to.see gay couples all over each other in public either.

          • Koolaid October 6, 2014 at 9:34 pm

            Since the marriage is most likely between two consenting adults, maybe you don’t need to worry about them. Maybe turn your attention to the overlooked child abuses that have existed in the polygamist communities.

          • The Rest Of The Story October 6, 2014 at 10:22 pm

            Sorry but the world doesn’t revolve around you. If you don’t want to see something that’s going on in public, then don’t look at it. It *IS* that simple.

        • Lance October 6, 2014 at 5:24 pm

          The laws are structured on marriage being a building block of Western civilization via Christian principles. Homo marriage does nothing for that. Why shouldn’t they pay more given their lifestyle’s inherent costs on society. Homos should certainly pay more for health insurance too as another point. Wills/trusts, POA, are all vehicles used by heteros as well. So the only result of all this is … avoid some legal costs. Can you explain why homos want to have state recognized marriage so badly?

          • Simone October 6, 2014 at 9:51 pm

            Actually yes, it’s to. Avoid having to jump through more hoops and pay more then everyone else. I admit that. Now let me ask you this. What is your problem? How does this law affect you? And don’t give me the “marriage is a Christian priciple” BS like you tried and failed to do in above because it’s overused. If I wanted to hear from the bible, I would read it myself. Give me a real answer or don’t bother replying.

  • Red Rocker October 6, 2014 at 11:21 am

    This deal is done…
    If we gave the States unfettered power we would still have places with racial segregation and women unable to vote.
    A hundred years from now we will look back with bemusement at the kerfluffle.

    • Bender October 6, 2014 at 2:52 pm

      Amen RED ROCKER. Might I suggest that my fellow Mormons who are worried about the plight of children in the relatively few numbers of same sex marriages refocus your anxiety on the vast ocean of children in broken, dysfunctional or non-existent marriages of heterosexuals.

  • Ron October 6, 2014 at 11:27 am

    Simone said it well. I can only second her comments.

  • ladybugavenger October 6, 2014 at 11:31 am

    Isn’t there a homosexual representing the supreme court? Folks, everybody wants a right to do what they want, taking God out of this country is a right of the people, but it doesn’t mean it’s right. I’d like to not be descriminated for beleiving in God and that God sent is only begotten son that whosever believeth in Him shall not parish but have everlasting life, but that’s my right to believe the Bible and that Gods judgment is going to fall. I had to fight to get morals, and integrity and i have to fight keep them. I’m discriminated against because I don’t go with flow, that’s OK. I use to be immoral and now I fight morals and integrity and no I’m not morman :)…so be it, give the people what they want, they want to get married; get married. Get divorced, whatever you got to do. Thats between them and God, not me and them. One day all will see the truth, so be it!

    • CALI GIRL October 6, 2014 at 12:08 pm


    • US Citizen October 6, 2014 at 12:26 pm

      Whose God? Which rendition of God? I wonder what she (God) really thinks about this? Wait, God created man in her own likeness. So man, being like God, has seen it is right for Gays to be legally married. So be it. The problem with acceptance exists with your personal religions, churches and your personal attitudes, not with any God that you keep throwing out there to justify your prejudice. BTW, my God said gay marriage is acceptable. Behold!

    • Lance October 6, 2014 at 12:57 pm

      It’s ironic that the same anti-Mormon bigots here decrying polygamy themselves support the homosexual sex deviant’s agenda.

      • Herd October 6, 2014 at 2:09 pm

        Polygamy represents child abuse, underage girls ASSIGNED and FORCED into marriages. You need to recognize that as being significantly different than two adults consenting to be marriage.

      • Simone October 6, 2014 at 2:12 pm

        it’s not ironic at all when you realize that Polygamy, or Polyamory, is marriage between more then two consenting ADULTS. Polygamy is a marriage between one man and 2 or more ADULT women. Likewise Polyamory is one woman and 2 or more ADULT men. What is going on down in Hildale and Colorado City is NOT, I repeat, NOT Polygamy but plain ole’ Pedophilia operating under the guise of “religion”. Since you brought up the Mormons though, why aren’t they doing anything about that?

        • Lance October 6, 2014 at 5:31 pm

          Sorry but the FLDS is only practicing polygamy, as practiced as old as time. Do you wish to argue age of consent? Will you care when the German Shepherd’s howls next dooe are since the owner is only giving it some extra love? Why do you hate love then, is it outside your narrow definition?

          What homos seek here is acceptance of their deviant lifestyle, not “marriage” which benefit’s they’d already had as I pointed out. They’ll never get it, 98% of the people are not homos or whatever other weirdness falls under LGBT, and in fact when they think about what homos really do they find it repulsive.

          Thanks for showing your hypocrisy.

  • Dana October 6, 2014 at 11:45 am

    This is a Good day for everyone. Congratulations to the LGBT community for never giving up and never losing focus.

  • US Citizen October 6, 2014 at 12:21 pm

    This US Citizen wants all those people who cannot accept equality in Utah that if you don’t like it, then you should leave (this country).

  • george October 6, 2014 at 12:30 pm

    Homosexual in Supreme Court ? You mean Ginseng ? Or the Nathan Lane lookalike ?

  • JOSH DALTON (INCOGNEGRO) October 6, 2014 at 12:57 pm

    Good! Now can we have our rainbow back!

    • Dana October 6, 2014 at 2:35 pm

      No. You can’t have the rainbow back. However, you can join me in watching Lance and Ladybug have a meltdown. I’ll bring the popcorn.

    • 375ultra October 6, 2014 at 7:52 pm

      god created the rainbow as a celebration …
      Ed. ellipsis.

  • ladybugavenger October 6, 2014 at 6:53 pm

    What happened to KOOLAID and BObBER did they go get married?

    • Koolaid October 6, 2014 at 9:38 pm

      Funny how my questions on how much money was wasted on politics to deny equality has been deleted. How much money did the governor waste in this fight? How much money was wasted on Proposition 8? Think of how this money could have been used wisely, toward education, especially in educating the ignorant masses who continue to use religion to justify their prejudices and discriminatory practices.

      • Bobber October 7, 2014 at 12:58 am

        Uhm, how offensive were your questions???

        • KOOLAID October 7, 2014 at 9:06 am

          Not at all. I don’t know why anyone would ever get their magic undies in a wad over any of my comments.

  • Simone Says October 6, 2014 at 7:41 pm

    Equality for everyone. Yes have a glass of wine, dream of away to bring true happiness to your souls. Love all the of the world, love all the universe, love the animals, love the plants, love all and recieve love, give love and share love, please all who love us in this life style please come with me to Sisi, and help spread the love. For we should help spread this love that we’ve beeen granted. Our love is on a higher plain than all else’s. We have won this battle here and in Europe by love and I know that we can share this love and change the thinking in Sis there are so many men in all the caves and huts, sorry but no women, and all the men wear long loose dress things. I want to share love with them hold them tell them it’s all ok and change all what they hate into love. Instead of dark and ugly symbols place rainbows all over to brighten up ther lives. Simone is so right in the saying of all they’ve said. Love everyone and they’ll love you back. I’m so excited and jumped so high it made me toot my own horn a little to much. Let’s all just get along. receive love from all and if you have to give love to all. It doesn’t matter if your the giver or receiver as long as you doing it.

  • ProudMom October 6, 2014 at 8:01 pm

    For all those mothers who would like to get support as we all need some as we raise our children. Please join the support group IRAQ( I raised a queen) this is for the mothers of the flamboyant receiver of the team. As a mother of a son that is ( shall we say flexable …) I have felt the pain my boy has to endure to satisfy his buddies play as though he is straight when you can defiantly see a curve. That’s how he’s made, who can judge, thanks for the support sure … and trying to be boy like. He would sooner work as a hair dresser doing hair styles … But it will work out as we walk around. It will work itself out.
    Ed. ellipses.

    • Lance October 7, 2014 at 12:39 pm

      I support your desire to have a club for no other reason than yoou can get group rates on psychological counseling for both the mothers and sons, whether they are true sex deviants or just victims of one.

  • Bobber October 7, 2014 at 12:56 am

    So did gay monkeys get AIDS before people got the AIDS from a monkeys?

  • Bobber October 7, 2014 at 1:01 am

    And for the record i am against abortions and against the gaying and more decay of the country.

  • Zootoolooloo October 7, 2014 at 9:06 am

    Boomers is against …
    Ed. ellipsis.

  • robert October 7, 2014 at 10:56 am

    why am I intolerant and a bigot because I have the courage and faith to stand by the moral principles that our Heavenly Father created for us to follow. It seems blatantly clear that most the hate and intolerance comes from people like Ed Cocina. Intolerant of millions of peoples core moral principles. It is a relief to see so many stand against something that is soo unatural and ungodly. Question? Equality for the LGBT community ends with God/science. These people are unable to reproduce. That is a law set by god that will never change and is an illuminating example of where God stands on the subject

  • robert October 7, 2014 at 11:02 am

    …….of course these people have the right on earth, only, to deny God so as to obtain their worldly agenda. Ed should visit an Mormon church for 1 month and them report in all honesty how often he heard hate preached about gay people. I have been a member my whole life and have never once heard anyone in church preach hate. It is a sad fact that people like Ed make statements about religious organizations without actually attending, learning or personally experiencing what these organizations really preach and do. Of course it would only hurt Eds agenda to discover and admit truth. Therefore Ed will never be able to write anything worth believing.

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