ST. GEORGE – Utah Federal Solicitor and Chief of Staff Parker Douglas filed a motion in the 10th Circuit Court of Appeals Tuesday, asking the court to dismiss the state’s appeal of a preliminary injunction issued by the district court requiring recognition of the same-sex marriages of Jonell Evans and others.
On Monday, the U.S. Supreme Court denied the state’s request for review of its laws defining marriage as between a man and a woman and its right to so define legal marriage in Utah. Following the high court’s denial of review, the 10th Circuit Court of Appeals lifted a stay it had in place, thereby renewing its earlier mandate that the state issue marriage licenses to same-sex couples.
“With this court’s mandate in effect,” Douglas wrote in his motion to dismiss, “Utah is constitutionally required to recognize the marriages of the same-sex couples who were plaintiffs in the action. Therefore, the State of Utah’s appeal of the district court’s order of preliminary injunction requiring such recognition, as the law stands today, is moot.”
The motion was made with consent of the opposing parties’ counsel. The case will remand to the district court for determination of fees and costs.
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