SALT LAKE CITY (AP) — A federal judge on Monday allowed gay marriage to continue in Utah, rejecting a request to put same-sex weddings on hold as the state appeals a decision that has sent couples flocking to county clerk offices for marriage licenses.
Judge Robert J. Shelby overturned Utah's ban on same-sex marriage Friday, ruling the voter-approved measure is a violation of gay couples' constitutional rights. The state then asked him to put a stop to the weddings, but he rejected the request.
Shelby's ruling is far from the end of the legal wrangling on the topic. The state quickly filed a request with the 10th U.S. Circuit Court of Appeals to put gay marriage on hold, and that court could rule as soon as Monday evening or Tuesday. The same court, in Denver, likely will hear the full appeal of the case several months from now.
In the meantime, the rush on marriage licenses continues for gay couples around Utah.
Nearly 700 gay couples have obtained marriage licenses since Friday, with most coming in the state's most populous county.
People began lining up Sunday night at the Salt Lake County clerk's office with the hope of getting licenses amid the uncertainty of the pending ruling. Couples then got married once every few minutes in the lobby to the sound of string music from a violin duet.
They anxiously eyed their cellphones for news on Shelby's decision, and a loud cheer erupted once word spread that he wouldn't be blocking weddings. "We feel equal!" one man shouted; his partner called it "this magic happening out of the clear blue."
Adam Blatter said he was in a panic to get married Monday morning before a judge could halt the issuance of licenses. He and his partner, Joseph Chavez, were elated when it became clear their wait was worthwhile, and they were shocked that it was happening in a state long known as one of the most conservative in the country.
"We expected Utah to be the last place we could get married," Blatter said.
Even if the 10th Circuit grants a stay, the marriages licenses that already have been issued probably will remain valid, said Carl Tobias, a constitutional law professor at Virginia's University of Richmond who has tracked legal battles for gay marriage. It's not entirely certain, however, because Utah's situation has unfolded differently than other states, and there's no direct precedent, he said.
Not all counties were issuing the licenses. In Utah County, one of the most conservative in the state, County Clerk Brian Thompson made a conscious decision to defy the judge's ruling and not grant marriage licenses to gay and lesbian couples. Thompson said he wants to see first if the appeals court grants the stay.
"I totally understand the position I'm in," he said, "but I have a responsibility as an elected official to proceed with caution."
The 10th Circuit already has rejected two previous requests from the state based on procedural matters, but it has not yet considered the case on merits.
Shelby's decision to overturn Utah's same-sex marriage ban has drawn attention given the state's long-standing opposition to gay marriage and its position as headquarters for the Mormon church, which teaches that homosexual activity is a sin. The ruling makes Utah the 18th state where same-sex couples can legally wed.