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Monday, Dec. 22, 2014

Court allows Utah more time to file gay marriage recognition appeal

By Dennis Romboy, Deseret News

Published: Tue, Aug. 26 1:00 p.m. MDT

 Flags are carried during Utah Pride Festival Parade in Salt Lake City  Sunday, June 8, 2014. The 10th Circuit Court of Appeals granted Utah more time Tuesday to file its appeal in the same-sex marriage recognition case.

Flags are carried during Utah Pride Festival Parade in Salt Lake City Sunday, June 8, 2014. The 10th Circuit Court of Appeals granted Utah more time Tuesday to file its appeal in the same-sex marriage recognition case.

(Jeffrey D. Allred, Deseret News)

SALT LAKE CITY — The 10th Circuit Court of Appeals granted Utah more time Tuesday to file its appeal in the same-sex marriage recognition case.

The court extended the deadline to Oct. 22 at the state's request.

Utah argued in court briefs that the complexity of the case warranted an additional 30 days to file the appeal.

The American Civil Liberties Union, which represents three gay and lesbian couples in the case, opposed the extension, saying the state has had plenty of time to research the issues to prepare the appeal. It also argued that delays cause the plaintiffs financial and emotional stress.

The state says it has never disputed that the couples "genuinely feel subjected to hardship" but that their attorneys haven't acknowledged the "equally true proposition" that Utah is harmed by not being able to enforce its laws.

U.S. District Judge Dale Kimball ruled in May that Utah must extend marital benefits to about 1,300 gay and lesbian couples who married last winter after another court ruling struck down the state's voter-approved same-sex marriage ban. He put temporary hold on his order and the U.S. Supreme Court extended the stay pending the outcome of the appeal.

JoNell Evans and Stacia Ireland, Donald Johnson and Carl Fritz Shultz, Matthew Barraza and Tony Milner, and Elenor Heyborne and Marina Gomberg sued the state to have their marriages recognized. All were married in Utah between Dec. 20, 2013, and Jan. 6.

The state is appealing the decision that allowed those marriages to the Supreme Court.

Email: romboy@deseretnews.com

Twitter: dennisromboy

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1. Understands Math
Lacey, WA,
Aug. 26, 2014

Yeah, I figured this would happen, as the courts have granted the state extra time every time they asked for it.

It will avail them nothing. The appeals court will also declare that the state must recognize the legal marriages.

2. firstamendment
Lehi, UT,
Aug. 26, 2014

That's very kind of them, to let the People have more time to have a voice in the future of our children. :) The right to effectively vote or have a real voice on this is critical, because it's a critical issue.
There is no reason for us (the government) to involve ourselves in promoting homosexuality. Gays are free to vote, work, love, visit, etc.
If there is discrimination in the workplace etc., in gay bars (Black, Asian, overweight, and others are routinely discriminated against in gay bars some are still segregated, some won't hire Blacks, some make Blacks go to the end of the line etc)) etc. then there are already laws against that.

Associating homosexuality with the Civil Rights movement is shameful, and offensive to many of us, especially those of us who had slave ancestors. It has nothing to do with that. It's sexuality, gays are FREE.

MARRIAGE, on the other hand, legally sanctions, upholds, and enforces relationships that are crucial for the survival of Humanity. Homosexual relationships need not be enforced. And, honest research shows that promoting homosexuality is harmful for our children.

3. Hutterite
American Fork, UT,
Aug. 26, 2014

It's for naught. Delay the inevitable is all they've got left.

4. firstamendment
Lehi, UT,
Aug. 26, 2014

It is sad that our Country has reached a point where Government by the People has perished from the earth. There is no valid argument in support of demands for gay marriage. And it is so wrong for people to sue, bully, pressure, bribe, etc. governments, judges, etc into legally enforcing homosexuality against the better judgment of the People (the tax payers, who will be forced to promote it). Sexuality is not race, religion, gender, etc. Gays should be loved and protected, just like everyone else, maybe even more than others, but Judge Vaughn made it clear that legally promoting homosexuality through marriage is not about civil rights, visiting rights, insurance rights, or any rights. Gays can already vote, visit, drink water where they want, etc. (unless they are Black, or overweight, or Asian, etc. since gay bars discriminate, segregate, etc. without being fined)

But, as Vaughn pointed out (after he took the rights of Californians to truly have a voice, or a vote, on their future), gay marriage is about mainstreaming homosexuality, and his justifications for defying the people were his opposition to "conversion" therapy and wanting to promote homosexuality through "social meaning." It is not about rights.

5. Henry Drummond
San Jose, CA,
Aug. 26, 2014

After listening to the oral arguments in the 7th Circuit Court of Appeals over Wisconsin and Indian anti-Gay Marriage laws, I'm convinced the State of Utah is going to need more time to prepare their appeal. A lot more time. A whole lot more time.