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Judge denies motion for stay in Utah same-sex marriage case

SALT LAKE CITY (ABC 4 Utah) – Same sex marriages in Utah will continue. That's the ruling Monday from a federal judge who was considering putting those marriages on hold. Gay marriages have now been happening in Utah since Friday, and Monday the state tried to convince a judge to stop them.
SALT LAKE CITY (ABC 4 Utah) – Same sex marriages in Utah will continue. That's the ruling Monday from a federal judge who was considering putting those marriages on hold. Gay marriages have now been happening in Utah since Friday, and Monday the state tried to convince a judge to stop them.

Same sex marriages in Utah aren't stopping any time soon. Monday Federal Judge John Shelby ruled against a request to put gay marriages on hold that are now happening in Utah for the first time.

"The state's disappointed in the court's ruling," said Phillip Lott, Assistant Utah Attorney General.

"Fortunately we have a judge who takes his oath of office seriously," said Peggy Tomsic, Plaintiff’s Attorney.

Attorneys on both sides of the case made their arguments in Utah's federal courthouse. Plaintiffs told Judge Shelby the State should've asked for a stay of his ruling on Friday when Shelby first eliminated Utah's ban on same sex marriage and gay couples began flocking to county clerk buildings statewide.

"I think we would be looking at this case differently if there had not been a change in the status quo," said Tomsic.

Judge Shelby ruled any county who is currently not issuing marriage licenses was breaking the law, and that the state's arguments to stop the marriages were no different those it gave previously last week and that did not meet the requirements to now receive a stay.

"We'll prepare to proceed to the next step which will be filing papers with the 10th Circuit Court of Appeals. The question is not finally decided. The 10th Circuit could still decide to issue a stay," said Lott.

The State will appeal Monday's ruling immediately. ABC 4 Utah is told the 10th Circuit Court of Appeals could make a decision on a new possible stay as early as Monday.

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