Tag Archives: Tenth Circuit Court

UTAH: Tenth Circuit Court Sets Oral Arguments In Marriage Case For April 10th

Via the Salt Lake Tribune: On Wednesday, the 10th Circuit Court of Appeals announced oral arguments in the state’s appeal will take place April 10. The case will be decided by a panel of three judges, who will be randomly assigned about 10 days before the hearing. The 10th Circuit has agreed to let the same panel handle an appeal …

Read More »

Tenth Circuit Grants Extension To Utah

The plaintiffs had filed a motion requesting the denial of the extension. (Tipped by JMG reader Baltimatt)

Read More »

UTAH: Plaintiffs File Opposition To Request For Ten Day Extension

On Friday, the state of Utah asked the Tenth Circuit Court for ten extra days to figure out why gay marriage is so icky. Yesterday the plaintiffs filed a motion opposing the extension request. From the motion: The State Defendants’ Motion requesting an extension of time to file their opening brief fails even to mention the showing that Tenth Circuit …

Read More »

Utah Needs Ten Extra Days To Figure Out Why Same-Sex Marriages Are Icky

One day after hiring out an outside law firm to represent the state, Utah today requested a ten-day extension of the deadline to file their marriage appeal with the Tenth Circuit Court. The state asked for a 10-day extension of the Jan. 27 filing deadline set by the court to ensure it has adequate time to prepare a “fulsome, detailed …

Read More »

OKLAHOMA: Alliance Defending Freedom Files Appeal Of Gay Marriage Ruling

Days after one of their lawyers testified in support of Indiana’s proposed constitutional ban on gay marriage, the hate group Alliance Defending Freedom has filed an appeal of this week’s ruling in Oklahoma. The appeal was filed on behalf of the Tusla County Clerk’s Office. Tulsa County Court Clerk Sally Howe Smith [PHOTO] filed the appeal Thursday with the U.S. …

Read More »

UTAH: Attorney General Selects Outside Law Firm For Same-Sex Marriage Appeal

Via the Salt Lake Tribune: The Utah Attorney General’s Office has hired Gene C. Schaerr [PHOTO] to lead a team of attorneys in the state’s defense of its constitutional amendment prohibiting same-sex marriage. Attorney General Sean Reyes said Schaerr, a Utah native, is an “elite” appellate and Supreme Court expert and “understands our unique history and community.” Schaerr, a graduate …

Read More »

UTAH: Hundreds Rally At State Capitol For Reinstatement Of Same-Sex Marriage

Read More »

Mormon Church Says It Won’t File Court Brief Against Utah Marriage (For Now)

Via Salt Lake City’s Fox affiliate: The Church of Jesus Christ of Latter-day Saints is not currently planning to file an amicus curiae (“friend of the court”) brief in the appeal of a ruling that struck down Utah’s ban on same-sex marriage, a spokeswoman for the LDS church confirmed Thursday. The LDS church did file two such briefs last year, …

Read More »

NCLR Joins Utah Marriage Case

Via Equality On Trial: Noted LGBT legal organization National Center for Lesbian Rights (NCLR) will be joining as co-counsel for the plaintiffs in Kitchen v. Herbert, the challenge to Utah’s same-sex marriage ban. A text entry in the docket for the Tenth Circuit appeal reported the appearance of NCLR attorneys Shannon Minter and Kate Kendell: “Notice of appearance filed by …

Read More »

UTAH: State Files SCOTUS Reply To Plaintiffs’ Brief Opposing Marriage Stay

On Friday, the good guys filed a SCOTUS brief opposing Utah Gov. Gary Herbert’s demand for a stay on gay marriages while the Tenth Circuit Court considers their appeal. Today the state fired back with a reply brief. As you’ll recall, the plaintiffs’ brief denounced the state’s citation of the Regnerus study and noted that Regnerus was denounced by the …

Read More »

UTAH: Attorney General Posts “Help Wanted” Ad For Marriage Battle Lawyers

The Utah GOP has indicated they’d be willing to spend at least $2M to overturn marriage equality and yesterday the just-appointed state Attorney General posted a help wanted ad for outside counsel. An excerpt: Proposals must include: 1.A statement of qualifications describing the attorney’s appellate experience in the federal courts of appeal, particularly in the U.S. Court of Appeals for …

Read More »

Tenth Circuit Court: Utah’s Marriage Appeal Must Be Filed By January 27th

From the order: This matter is before the court to set an expedited briefing schedule. The schedule set here overrides the minute entry on the docket dated December 27, 2013. The appellants’ opening brief and appendix shall be filed on or before January 27, 2014. In this regard we strongly encourage the parties to confer on the materials to include …

Read More »

Utah Delays Marriage Appeal To SCOTUS

Many had expected Utah to rush their emergency stay request to Supreme Court Justice Sonia Sotomayor first thing this morning. But not so. The attorney general’s office is working to prepare the appeal to the Supreme Court on the 10th Circuit’s denial of a stay. Due to the necessity of coordination with outside counsel the filing of the appeal may …

Read More »

BREAKING: Tenth Circuit Court DENIES Marriage Stay In Xmas Eve Order

Via Chris Geidner at Buzzfeed: The 10th Circuit Court of Appeals denied the state of Utah’s request to stop same-sex couples’ marriages during the appeal of the judge’s ruling that started those marriages on Friday.“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” Judges Jerome Holmes and …

Read More »

Tenth Circuit Remains Silent As More Utah Counties Issue Marriage Licenses

The Tenth Circuit Court of Appeals gave a deadline of 5PM last night for objections to the stay demanded by Utah Gov. Gary Herbert.  Some had expected a ruling first thing this morning and one may still be coming today. In the meantime, two more Utah counties have relented and begun issuing licenses. Yesterday the Cache County clerk’s office had …

Read More »

UTAH: Plaintiffs Must File Stay Objection With Tenth Circuit Court By 5PM Today

Read More »

Tweet Of The Day – Wonkette

Read More »

BREAKING: Tenth Circuit Again Denies Stay Request By Utah Governor

We’re still waiting on the ruling from District Judge Shelby. Read the Tenth’s second denial here.

Read More »

BREAKING: Tenth Circuit Court Denies Stay Request From Utah Governor

Via Fox News Salt Lake City: According to court documents, “The Defendants-Appellants ask this court to stay the district court’s order pending the district court’s ruling on a motion for stay pending appeal that is currently pending in that court.” According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors …

Read More »

UTAH: Attorney General Files Emergency Appeal To Stop Gay Weddings

Chris Geidner reports at Buzzfeed: In the late Friday night filing, Acting Attorney General Brian Tarbet argued that an emergency stay was needed from the 10th Circuit because Shelby already told lawyers for the state that he would not issue a stay of his ruling before receiving a written request for a stay — which the state has now filed …

Read More »