The 10th Circuit Court of
Appeals on Sunday denied an emergency temporary stay in a lower
court's ruling declaring the state's gay marriage ban invalid.
On Friday, U.S. District Judge Robert
J. Shelby declared Amendment 3, the state's 2004 voter-approved
constitutional amendment which limits marriage to heterosexual
unions, in violation of the 14th Amendment.
Shelby will hold a hearing on whether
to grant a stay on his ruling as an appeal moves forward on Monday at
9 AM.
“Defendants-Appellants acknowledge
that they have not addressed, let alone satisfied, the factors that
must be established to be entitled to a stay pending appeal,” the
appeals court wrote in denying the state's request. “They
state that they do not address the 10th Cir. R. 8.1
criteria because they do not seek a stay pending appeal, but rather a
stay pending the district court's decision on their stay motion. But
the appellate and local rules contemplate only a motion for stay
pending appeal, and the requirements are clear.”
The ruling likely means long lines at
county clerk offices on Monday as gay couples rush to wed before
Shelby rules. Offices open at 8 AM.