SCOTUS Stays Further Same-sex Marriages In Utah

Today, Justice Sotomayor granted Utah’s request of  a stay of Federal Judge’s ruling striking down Utah’s ban on same-sex marriage.  SCOTUS’ order reinstates the ban, pending a 10th Circuit Court ruling on the ban.  There were no dissents in the granting of the stay.  Some SCOTUS commentators say that the public should not take this as an overall indication of SCOTUS’ position on same-sex marriage.

Last month the 10th Circuit Court of Appeals had rejected the State of Utah’s request to stay a District Court Judge who stated that the ban violated gay and lesbian couples’ rights under equal protection clause.   The immediate question before Utah is what effect this ban has on the same-sex marriages that occurred prior to SCOTUS issuing the stay.