Cliff JudyUtah's attorney general filed an emergency request to U.S. Supreme Court Justice Sonia Sotomayor to restore the state's gay marriage ban.
It's the first request to the highest court on the topic since a landmark ruling over the summer, and it could have huge implications on the future of same sex marriages in the U.S. (Via Los Angeles Times)
"Utah filed papers asking Sotomayor to overturn lower court rulings that allowed same sex marriages. The justice is assigned to emergency requests from the state of Utah and other Rocky Mountain states." (Via WRC-TV)
A federal judge struck down Utah's voter-approved gay marriage ban on December 20, saying it conflicted with equal protection and due process rights guaranteed by the U.S. Constitution.
That led to hundreds of marriage ceremonies by gay couples as Utah appeals the ruling. This is the state's third attempt to reverse the decision.
"To be able to get married in Utah — I mean, it's just unbelievable. Sometimes, I still pinch myself like it actually happened!" (Via Al Jazeera)
Utah Attorney General Sean Reyes' argument in the filing is when the U.S. Supreme Court ruled the Defense of Marriage Act unconstitutional in June, the court wrote judges couldn't interfere with state laws allowing same sex marriage. Therefore, they can't interfere with state laws banning them.
The filing's introduction reads, "This case involves not just a refusal by the federal government to accommodate a state's definition of marriage, but an outright abrogation of such a definition." (Via MSNBC / State of Utah)
The New York Times reports the judge's ruling overturning the gay marriage ban appeared to catch state officials off guard, and they've hinted at trying to dissolve the recent unions if they succeed.
"If Utah ultimately prevails in its legal fight, it said it would face the 'thorny problem of whether and how to unwind' the new marriages." (Via The New York Times)
If the justices turn down Utah's request, there's wide speculation that would signal a willingness by the court to uphold gay marriage as a constitutional right in future cases. Justice Sotomayor gave gay marriage advocates until Friday to respond to Utah's filing.
