Salt Lake Tribune Names Marriage Plaintiffs "Utahns Of The Year"

Via the Salt Lake Tribune:

These six people put their names to the lawsuit challenging Amendment 3. They stood up, stood together and helped history along. Through 2014, they rode the legal roller coaster — to the 10th U.S. Circuit Court of Appeals, which upheld Shelby’s ruling, and onto the U.S. Supreme Court, which issued a stay on the ruling. In October, the high court declined to hear appeals from Utah and four other states. In essence, the denial made same-sex marriage legal in those states. Because of these Utah plaintiffs — who bravely made public their most private lives — the state took an unlikely position among the vanguard in the biggest civil-rights movement of the day. Forever, their names will be associated with a tidal wave of change that swept the country. For that, Derek Kitchen and Moudi Sbeity, Karen Archer and Kate Call, Laurie Wood and Kody Partridge are The Salt Lake Tribune Utahns of the Year.

Gay marriage, now legal in Arizona, not recognized by Navajo Nation

Nathaniel George said that he knew he was going to marry his husband the first time he laid eyes on him more than eight years ago. Being Navajo and a Flagstaff resident, the chance of them getting legally married in Arizona or on the reservation wasn’t likely.

But George and his partner, George Almaraz, were among the first same-sex couples wed in Coconino County on Oct. 17, the day a federal judge overturned Arizona’s ban.

Though the fight for marriage equality has ended in Arizona, it continues for same-sex couples living in the Navajo Nation, which makes up more than 20 percent of the state but isn’t subject to its laws.

The Diné Marriage Act, passed in 2005 by the Navajo Nation Council, defines marriage as between a man and a woman. And current Navajo President Ben Shelly has said he’s against changing it.

But George said he believes this will change soon with same-sex marriage now legal in Arizona as well as New Mexico, which also has part of the reservation.

“All we can do is keep pushing forward and bringing it up with each president,” George said. “I feel it’s going to happen one day, and hopefully sooner than later. It would be nice to be married in the settings of where we live.”

Navajos who wished to get married to their same-sex partners before Oct. 17 had to go to other states like California. That’s what Jack Jackson Jr., a Navajo and former Arizona state senator, did when he and his husband got married six years ago.

With same-sex marriage now legal in Arizona, Jackson said he believes the issue of marriage equality has gained momentum in the Navajo Nation, which is electing a new president.

“There has been talk of people trying to make it an issue,” Jackson said. “What happened in Arizona – I think you’ll see that effort gain more traction. We’ll see what transpires in the months to come. I do think we’ll see something.”

Deswood Tome, an aide to Shelly, said there’s no term in Navajo for a gay union and that it’s not a big enough issue for the president to consider right now.

“It’s sacrilege to talk like that,” Tome said. “There’s not enough volition by those who are supporting same-sex marriage to take it to the chapter houses or Navajo Nation Council. I don’t think that is a priority of the leader of Navajo Nation. Economic prosperity, health, natural resources … these are priorities.”

Though Shelly doesn’t support gay marriage in the Navajo Nation, Tome said, he does support any Navajo’s choice to go elsewhere to get married.

“The president has said before that if individual Navajo people want to go into another state and get married, he will support individual choice,” Tome said. “But the law is the law today, and the president will uphold the law.”

Jackson said electing a new tribal president is one reason for his optimism. Shelly was ousted in the primary election, and one of the remaining candidates is former president Joe Shirley Jr., who vetoed the gay marriage ban in 2005 but was overridden by the Navajo Nation Council.

With Shirley running for president again and the opinions of same-sex marriage changing, Jackson said he doesn’t think the idea of marriage equality is too far-fetched for the Navajo Nation.

“People’s attitudes are changing,” he said. “Nobody thought we would be seeing it in Arizona and here we are.”

The Coalition for Navajo Equality in New Mexico has been rallying for a change since that state lifted its ban on same-sex marriage last December. The group’s founder, Alray Nelson, said that while the issue hasn’t been at the forefront even with same-sex marriage becoming legal in Arizona he expects it will be eventually will be as new tribal council members and a new president take office.

“Overall, our people are very compassionate and when – I say when – we do repeal the Diné Marriage Act, it will be very positive on Navajo families,” he said.

LDS Church 'Sad' About Salt Lake City Gay Bar's 'Dress Like a Mormon' Party: VIDEO

A gay club is making headlines in Salt Lake City for a promotion meant to take advantage of the LDS General Conference in town over the weekend, KUTV reports.

The club erected a muscular Moroni statue on its roof, posted photos of its staff as missionary "Elders" and gave them similar nametags. It is also offering liquor specials such a "Sacrament shots", "Baptism by Fireball", and "Garment Droppers" and is offering free entry to those wearing "garments, missionary nametags, or their missionary suit."

The stunt has offended at least one patron who says she'll "think twice" about going back.

An LDS Church released a statement about the promotion:

"In recent years many people in our community, including religious leaders and representatives of the LGBT community have worked hard to create greater understanding and develop more sensitivity and good will toward each other. It is sad to see events like this - deliberately designed to offend and alienate - given any kind of attention."

UTAH: Attorney General Candidates Clash Over Same-Sex Marriage Ban

Sharp differences on Utah's same-sex marriage ban have emerged between incumbent Attorney General Sean Reyes and challenger Charles Stormont, reports Desert News.

In what may be the only time the candidates meet head-to-head before the November 4th election, the two took part in a debate on Wednesday sponsored by the Utah Debate Commission at Brigham Young University.

While Republican Reyes said he has a duty to uphold state law, Democrat Stormont said he would not waste taxpayer money fighting an unconstitutional law in a case the state has no chance of winning.

Referring to Amendment 3 defining marriage as between a man and a woman, Reyes said the Attorney General cannot pick and choose which laws to uphold”

"You can't cut and run. You can't thwart the democratic process because you think that you're smarter than the Supreme Court. If my opponent would take off his political glasses for a moment and put on his lawyer lenses or leader lenses, he would see how dangerous that precedent is that he's proposing."

Arguing that 40 lower courts have already overturned bans on same-sex marriage, Stormont countered:

"You tell your clients what their likelihood of success is going to be in court. It's time to actually start giving good, honest, fair legal advice to the people of Utah. We've had far too much political advice on hot-button issues."

During the debate, the candidates also differed on how corruption allegations against former attorneys general Mark Shurtleff and John Swallow should be dealt with.

This Straight Mormon Guy Photobombed An Anti-Gay Rally

Justin Anderson (right) holding a sign amidst marriage equality opponents
under the Utah State Capitol rotunda.

“Inalienable rights trumps states rights!” That’s the message 22-year-old Justin Anderson held to show his support for LGBT rights during a recent rally in opposition to marriage equality for same-sex couples at the Utah State Capitol. He was likely the only marriage equality supporter there.

Dozens of people led by conservative groups gathered for the rally Sept. 18 in support of “traditional marriage” and decried families headed by same-sex parents as harmful to children.

Anderson stood with his poster among many others under the capitol rotunda, several of whom held their own signs with messages like “marriage means a mother and a father for every child” and “tradition marriage blesses children” and “a states rights issue.”

At one point during the rally, activists projected photos of same-sex couples and their children, saying the kids will “pay the price” because of married same-sex couples, The Salt Lake Tribune reported.

“The rally wasn’t just an attack on same-sex couples, but on their character,” Anderson told BuzzFeed News when reached by phone. “This was not just about opposing same-sex marriage, but it was opposing the character and integrity of the LGBT community.”

Some in attendance thought Anderson, who is of Mormon faith and a student at the LDS Business College, was there in support of the rally’s message, but many others made insulting remarks to him even before he got up the steps into the building.

Teen GOP Hopeful Faces Backlash Over Anti-Gay Christmas Tweet

Jacob Dorsey  (Source:Facebook)

So much for the theory that younger Republicans are more accepting of LGBT rights.

Jacob Dorsey, 19, must not have been thinking of his campaign to represent the 44th District in the Wisconsin state assembly last Christmas, when at 1:30 a.m., the young Republican hopeful used a gay slur in a tweet speaking out against Utah's same-sex marriages.

Fiver months before throwing his hat in the ring as the Republican candidate for Wisconsin's state assembly, Dorsey, a student at the Mormon owned Brigham Young University, celebrated Jesus' birth with a little old fashioned homophobia. Angered over same-sex marriages that were taking place in Utah, Dorsey took to twitter:

10th U.S. Circuit Court of Appeals rejects #Utah's request to stop same-sex marriages.
fags need 2 leave my favorite state alone.

In a statement to News 3, Dorsey apologized for his language.

"I regret using unacceptable and hurtful language on social media last year," he said. "I am a staunch supporter of traditional marriage, but the language I used is not in keeping with my character, family values and Christian upbringing."

Dorsey's CV boasts membership in the National Rifle Association, BYU Investment Society, Republican Party of Rock County. He is also a former legislative supervisor for the anti-porn crusading group, Citizens for Decency.

In 2013, on the eve of the United States Supreme Court hearing on the Defense of Marriage Act and California's Proposition 8 cases, Republican National Chairman Reince Priebus said that the GOP needed to welcome party members who support same-sex marriage.

"I don't believe we need to act like Old Testament heretics," Priebus told USA Today, saying Republicans "have to strike a balance between principle and grace and respect."

Gay marriage: Which case will the Supreme Court choose?

It's getting so you can't tell the potential Supreme Court cases on same-sex marriage without a scorecard.

When the justices sit down for their first fall conference Sept. 29, they will consider the initial requests from states to review decisions striking down gay-marriage bans. Unless they quickly agree to hear one or more cases, those petitions won't be the last.

Lawyers on both sides predict the justices will act soon to decide the issue by next June. That makes it likely they will choose from among the three cases pending. Some of the nation's premier Supreme Court advocates, sensing history in the making, have signed on to represent gay couples or state officials.

"The issue is moving so fast," says John Bursch, a former Michigan solicitor general defending Utah's gay-marriage ban. "People want an answer soon, and I think the court is going to want to give it to them."

Here's the betting line:

UTAH: As the first case decided by a federal district judge and an appeals court panel after the Supreme Court's rulings in June 2013 in favor of gay marriage, Herbert v. Kitchen is the front-runner.

Arguments for: State officials back the ban, guaranteeing a vigorous defense. Former acting U.S. solicitor general Neal Katyal, who has argued 21 cases before the court, has joined the gay couples' legal team, along with Mary Bonauto, who won the nation's first same-sex marriage lawsuit in Massachusetts in 2003.

More than 1,000 couples got married before the district court decision was stayed by the Supreme Court in January, leaving them in a marital limbo that the justices might feel compelled to resolve, having created it themselves.

Among the plaintiffs are couples who want to marry; who were married before the district court ruling was blocked; and who want their Iowa marriage recognized in Utah. That covers all the bases. "This court's resolution of the question presented can mark the end of marriage litigation in all respects," the state's brief says.

Arguments against: There are few, leading most prognosticators to predict Utah's will be one of the cases chosen, if not the only one. "We're not trying to bump out anyone else," Katyal says.

OKLAHOMA: The state has played second fiddle to Utah since January. District and appeals court rulings against the state's gay-marriage ban came a month later; the Supreme Court petition was filed a day later.

Arguments for: The state's gay-marriage ban is particularly stringent; it's a crime to issue a marriage license, and no one has tied the knot. The case, Smith v. Bishop, is being pursued by the court clerk for Tulsa County — someone who actually issues marriage licenses. Stanford Law School professor Jeffrey Fisher, a veteran of 23 high court cases, is arguing for same-sex marriage rights.

Arguments against: The case has had procedural problems on its way to the Supreme Court and is left with only one couple as plaintiffs; the issue of recognizing marriages performed in other states isn't included. It dates back to 2004, a 10-year history the high court might want to avoid. And it comes from the same 10th Circuit as Utah, which could work against Oklahoma if the justices choose more than one case.

VIRGINIA: Same-sex marriage cases in the Old Dominion are unique, giving the justices clear reasons to prefer or reject them.

Arguments for: This is the state of Loving v. Virginia, the 1967 case that struck down state bans on interracial marriage. Its gay-marriage ban is one of the toughest, prohibiting civil unions and blocking the state from recognizing marriages performed elsewhere.

Former U.S. solicitor general Theodore Olson and David Boies, the conservative-liberal tag team that represented California's same-sex couples at the Supreme Court last year, are back for another try. Olson has argued 60 cases at the high court.

The case decided by district and appeals courts, Rainey v. Bostic, includes the lesbian parents of a teenager, which presents the issue of how gay couples' children are treated. The case has been joined with a separate class-action lawsuit filed on behalf of all Virginia's gay couples.

"It would be the kind of case that would resolve a number of outstanding legal issues," state Attorney General Mark Herring says.

Arguments against: Herring, a Democrat elected last November, refused to defend the ban and has argued against it. That's what California officials did in last year's Supreme Court case on Proposition 8; the justices ultimately ruled that those defending the gay-marriage ban lacked standing. In Virginia, it leaves the task to two court clerks represented by private lawyers, including the conservative Alliance Defending Freedom.

"I don't think you want constitutional law being made by default," says John Eastman, a law professor at Chapman University and chairman of the National Organization for Marriage.

OTHER STATES: Six cases from Ohio, Michigan, Kentucky and Tennessee were consolidated at the 6th Circuit Court of Appeals this month, and a ruling could come before the Supreme Court convenes this fall. Cases from Indiana and Wisconsin were heard at the 7th Circuit on Tuesday. Appeals from Idaho and Nevada are scheduled before the 9th Circuit early next month. Still more cases are in the pipeline, including from Texas; the 5th Circuit would be most likely to rule against gay marriage and create a split among appeals courts.

Arguments for: The justices might want to hear and benefit from additional appeals courts. That could include important opinions by Judges Jeffrey Sutton in the 6th Circuit and Richard Posner in the 7th, where a three-judge panel appears headed toward the first unanimous judgment against state bans.

Arguments against: Even if the justices don't wait for more rulings before scheduling a case, they are certain to get the benefit of them before they rule. Waiting to choose a case for Supreme Court review would leave states and same-sex couples in limbo — possibly until the 2015 term.

MULTIPLE CASES: When an issue is of paramount importance, the court frequently grants more than one case. The leading example: Brown v. Board of Education (1954), which combined cases from Kansas, South Carolina, Virginia, Delaware and the District of Columbia. This year, the court heard two cases on the new health care law's "contraception mandate" and two on cellphone privacy.

Arguments for: More cases offer more plaintiffs to consider, more arguments to present and more advocates at the lectern. "Given all of these permutations, this may be a situation in which a belt-and-suspenders approach – that is, granting multiple cases – is the most prudent course," says the Oklahoma couple's brief seeking Supreme Court review.

Arguments against: Simplicity. The court doesn't always believe more is better. Faced with multiple choices challenging the federal Defense of Marriage Act, it chose Edie Windsor's case in New York and no other — then issued a landmark decision that forced the government to recognize same-sex marriages.

NONE OF THE ABOVE: If the federal circuit courts continue to rule in favor of same-sex marriage, the justices could just sit on their hands and let groups of states go that way gradually.

Arguments for: Why impose a verdict from on high? All states in the 1st and 2nd Circuits already allow gay marriage. Lifting the stays in the 4th and 10th Circuits would continue the trend.

Arguments against: It could take years before all 11 circuits have acted, and they might not go the same way. The country would be divided, leaving some gay couples without the rights and benefits enjoyed by others. And the issue of same-sex marriage would lack the imprimatur of the Supreme Court — whichever way it rules.

Facebook Donates $10,000 to Utah's Anti-gay Attorney General Sean Reyes

Utah Attorney General Sean Reyes' re-election campaign got a healthy influx of cash from Facebook, Inc. back in May, according to disclosures filed with the Utah Lieutenant Governor's office.

The company, which is usually a strong corporate backer of LGBT equality, donated $10,000 to the man who vowed late last year to 'spend whatever it takes' to prevent gay couples from obtaining marriage licenses in his state.

QSalt Lake reports:

When asked about the donation to the person who has arguably become the face of legal opposition to marriage equality in America, a Facebook spokesperson responded with: 

“Facebook has a strong record on LGBT issues and that will not change, but we make decisions about which candidates to support based on the entire portfolio of issues important to our business, not just one. A contribution to a candidate does not mean that we agree with every policy or position that candidate takes. We made this donation for the same reason we’ve donated to Attorneys General on the opposite side of this issue – because they are committed to fostering innovation and an open Internet.”

LGBT supporters unsatisfied with Facebook's response have launched an online petition calling for the company to "publicly decry this bigotry and make an equal or greater contribution to the campaign of Charles Stormont who is also seeking the office of Utah Attorney General."

Earlier this month, we reported that Reyes had appealed a Tenth Circuit's decision striking down the state's gay marriage ban directly to the U.S. Supreme court.

Two Former GOP Utah Attorneys General Arrested In Corruption Case

Two former Utah attorneys general, John Swallow (R) and Mark Shurtleff (R), were arrested in a long-running corruption case on Tuesday morning.

Shurtleff has been charged with three counts of bribery, one count of obstruction of justice, one count of witness tampering, one count of evidence tampering and one count of unlawful acts, according to the Salt Lake County jail's website, Swallow has been charged with two felony counts of bribery, one count of false or inconsistent statements, one count of false government records and one count of unlawful acts.

According to the Deseret News, the allegations surrounding Swallow and Shurtlefff center on their relationship with a Utah businessman, Jeremy Johnson. Shurtleff allegedly used Johnson's private plane to fly to a California fundraiser and to fly to New York to meet with actor Vincent D'Onofrio. Swallow allegedly stayed on Johnson's houseboat and borrowed his Ferrari.

Federal and state law enforcement searched Swallow and Shurtleff's homes in June amid a probe into the state attorney general's office. Swallow had followed Shurtleff in the office, but resigned last year amid several federal and local investigations.

Authorities have been investigating possible bribery, obstruction of justice and misuse of public funds.

Right-Wing Extremists Planning Major Anti-Gay Conference For Salt Lake City

The World Congress of Families is an association of far-right individuals and organizations who advocate against any form of family or way of living that does not fit their narrow definition. Its primary target are LGBTQ individuals and their families. Founded in 1997, it has hosted major conferences all over the world where it attempts to "educate" local citizens and politicians about its agenda and advocate for anti-gay legislation. It is listed as a hate group by the Southern Poverty Law Center.

The next conference will take place in October, 2015 in Salt Lake City, Utah. The planned conference and the recent turn of events regarding the emergence of marriage equality in the State of Utah should not be considered a coincidence. The organization also has a long history of targeting well publicized battlegrounds in their fight against gay rights. Over the last several years the organization has sent its members to promote and defend anti-gay legislation throughout the world. In particular, they've focused on Russia, whose current President Vladimir Putin has been described as a Christian hero by allies of WFC.

Janice Shaw Crouse of Concerned Women for America and a board member at WCF has in the past defended Putin's persecution of the feminist punk band Pussy Right because they insulted the Christian religion. National Organization for Marriage President Brian Brown was sent to Russia in order to help encourage the creation of anti-gay legislation. WFC had also planned a conference in Moscow to have taken place this September. However, the group was forced to cancel it's plans as a result of the potential bad publicity they might receive as a result of Putin's invation of Ukraine.

The theme for the upcoming conference, 'religious liberty' is one that is all ready the new rallying cry for conservative Christians over the last few months. Given the recent Hobby Lobby victory at the Supreme Court, one can only imagine how organizations like WCF might try to take advantage of it. If marriage equality is affirmed by the Supreme Court in Utah and the rest of the country, it's possible that WCF and other groups will try to temper the advancement of gay equality by using 'religious liberty' as a tool to justify mass discrimination against the LGBTQ community in employment and housing. 

This isn't the first time Utah has served as a focal point in the religious right's agenda. Aside, from being the source of money and support for Proposition 8 in 2007 and 2008, it has also served as a stage for major right-wing conferences in the past. Utah was a contender for the 2012 Republican National Convention. And in November of last year, Family Watch International and it's President Sharon Slater hosted a conference called Stand for the Family which sought to train local activists on how to fight against the advancement of various progressive movements. A large portion of the conference's agenda was specifically geared toward anti-gay advocacy. There are also many members of the Utah-based Mormon Church who are dedicated followers of the World Congress of Families.

UTAH: Attorney General Misses Filing Deadline In Same-Sex Marriage Case

Via the Salt Lake Tribune:

The Utah Attorney General’s Office failed to file preliminary documents in connection with its appeal of a federal court judge’s order that the state must honor and recognize all same-sex marriages performed in Utah after another federal judge’s ruling toppled Utah’s voter-approved ban on such marriages. A "deficiency notice" filed Monday by the clerk of the 10th Circuit Court in Denver says that state attorneys failed to file a docketing statement, transcript order and notice of appearance in the same-sex recognition case. "Please correct the stated deficiencies within 10 days of the date of this notice," states a letter signed by Clerk of Court Elisabeth A. Shumaker. The paperwork is due on July 10, according to the court docket.

You might recall that Utah's previous attorney general resigned in scandal in November.

Utah threatens to ask Supreme Court for help in same-sex marriage suit

Attorney General Sean Reyes (R-Utah)

Utah officials are prepared to ask the U.S. Supreme Court to intervene in a lawsuit filed by same-sex couples demanding to have their marriages recognized.

Attorneys for Utah say in court filings Monday that they’ll appeal to the high court if a federal appeals court lifts the hold on a requirement to move forward with benefits for about 1,000 same-sex marriages in the state.

But last week, a Denver-based appeals court granted Utah’s request to temporarily delay that ruling.U.S. District Judge Dale Kimball in Utah ruled in favor of gay and lesbian couples last month, setting implementation of his order for Monday.

Utah officials argue that if the marriages are recognized now, it will jeopardize their legal appeal of Kimball’s ruling.

The gay couples suing the state have asked court to reverse its decision.

Salt Lake City Police Officer Placed on Leave After Refusing to Work At Gay Pride Parade

An officer with the Salt Lake City Police Department has been put on paid administrative leave after reportedly refusing an assignment at this weekend’s gay pride parade, KSL News reports:

"We don't tolerate bias and bigotry in the department, and assignments are assignments," said department spokeswoman Lara Jones.

The officer is on paid administrative leave as the internal affairs unit reviews the situation, Jones said. He had been given a traffic control and public safety assignment.

The department has provided services at the Utah Pride Festival since its inception, as well as a host of other community events.

"We serve a variety of community events with similar functions, and to allow personal opinion to enter into whether an officer will take a post is not something that can be tolerated in a police department," Jones said.

Added executive director of the Utah Pride Center Steven Ha:

“Clearly the officer’s act was more than just smelling of bigotry, but I think the act was bigotry, choosing to not do a duty that is sworn by police officers to do,”

LGBT Group Accuses Utah Gov. Herbert of ‘Hate Speech’, Demands Apology Over 'Anarchy’ Remarks

Utah Governor Gary Herbert is under fire for controversial comments made Thursday at a news conference in which he called other states’ decision not to defend their same-sex marriage bans the “next step toward anarchy”

Via The Salt Lake Tribune:

"To suggest that allowing gay marriage is the foundation of anarchy, to us, is hate speech," said John Netto, who heads the Utah Pride Center board. "We think he is uneducated ... on current scientific positions in regard to human sexuality."

Herbert was also criticized for implying that homosexuality is a choice at the news conference.

Asked about the oft-used comparison between banning same-sex marriage and once-illegal interracial marriage, Herbert said: "What you choose to do with your sexual orientation is different than what you’re born with as your race."

Herbert later backed off, saying there may be "different gradations" in sexuality.

Herbert’s office did not respond Friday evening to calls for comment.

GAY MARRIAGE OPPONENTS CONCERNED UTAH APPEAL MIGHT BE DISMISSED OVER STANDING

Questions have being raised about standing in the 10th Circuit appeal of Kitchen v. Herbert, the ruling striking down Utah's ban on gay marriage, and some believe the court could dismiss the case because the proper defendants were not named in the suit. 

The plaintiffs named the governor, the attorney general and the Salt Lake County Clerk in the case.

The Salt Lake Tribune reports:

On Tuesday, Utah’s lead counsel Gene C. Schaerr (pictured)  drew attention to a question posed to both sides by a three-judge panel at the 10th Circuit Court of Appeals last week regarding whether the lawsuit targeted the appropriate state and county officials...

...If the court finds that they’re not, the appellate judges may decline to rule in the case, leaving Judge Robert J. Shelby’s ruling to stand as law in Utah.

Questions from the court during arguments last week have led some to believe they are considering this, the paper adds:

During Utah’s arguments last week, Judge Jerome A. Holmes — widely considered to be the "vote to get" in the case — asked Tomsic to explain why the defendants her plaintiffs had singled out were appropriate.

Further, he asked whether the state continued to have the right to appeal the case, given that Salt Lake County Clerk Sherrie Swensen declined to appeal Judge Shelby’s Dec. 20 decision to overturn Utah’s same-sex marriage ban.

"You sued the clerk of court," Holmes said, referring to Swensen. "But the clerk of court is not on the appeal, and, it would seem to me that creates a fundamental basis for concern about where jurisdiction lies in this case. "

Schaerr insists that the officials named have standing to defend the case:

The explanation several Utah county clerks gave was they were waiting on direction from the attorney general or governor’s office as to how they should handle the situation.

This, Schaerr states in his letter to the court, is further proof that with or without the Salt Lake County clerk, the governor and the attorney general are within their jurisdiction to appeal the case to the 10th Circuit and, perhaps, beyond.

"Utah marriage licenses are issued by county clerks [...] not by court clerks," Schaerr wrote. "Plaintiffs’ suit thus satisfied the demands of Article III standing."

UTAH MORMON COUPLE WITH GAY SON PUSHES FOR MARRIAGE EQUALITY IN NEW AD

A Utah Mormon couple with a gay son, four other kids, and 18 grandchildren pushes for marriage equality in a new ad campaign airing this week as the Tenth Circuit Court of Appeals considers a challenge to the state's ban on gay marriage.

The Salt Lake Tribune reports:

In the ads, sponsored by the same-sex marriage advocacy group Utah Unites for Marriage, the Bradshaws share their story, and their family, in hopes of convincing others that allowing gay and lesbian couples to marry would strengthen, not harm, the state.

"A marriage is a bond between two people based in love and commitment," William Bradshaw says. "Allowing civil marriages will be a good thing for Utah." 

It’s a campaign that emphasizes marriage as a legal and civil right and notes that no church or faith would be required to perform such unions. 

Utah Unites for Marriage was formed last month by several notable Utahns, including former U.S. Attorney Brett Tolman, Salt Lake City Mayor Ralph Becker and Terry Wood, a longtime television news anchor, reporter and radio personality.

Utah Lawmaker Says Atmosphere Needs More Carbon Dioxide Emissions

The majority of climate scientists who believe that concerning levels of carbon dioxide are being pumped into the atmosphere have got it wrong; Instead, there should be more. Or so argues Utah state representative Jerry Anderson, who put forth a bill that would limit the state’s ability to regulate emissions of the greenhouse gas. Utah being Utah, "Anderson’s climate change skepticism enjoyed a receptive hearing from committee members, [but] they voted to hold the bill," The Salt Lake Tribune noted. 

The bill was aimed at clarifying the definition of the term "air pollutant," and would exempt "natural" gases and prevent state standards for carbon dioxide below 500 parts per million, which is far above the current level, near 400 ppm. But the bill hit stumbling blocks, such as the "undeniable" evidence that naturally-occurring radon (and xenon and cyanide) pose a threat to human health. Those pesky facts. 

"We are short of carbon dioxide for the needs of the plants," said Anderson. "Concentrations reached 600 parts per million at the time of the dinosaurs and they did quite well," he added. Anderson, who was incredibly once designated as Wyoming's biology teacher of the year, obviously has a generous definition of "doing well," at least when it concerns an extinct type of animal whose existence hinges on an acceptance of science (which doesn't evidently extend to climate science). He may also be confused about the differences between dinos and humans.

Proposed Bill Would Let Utah Taxpayers Donate Part of Refund to Fight Gay Marriage

Utah Rep. Merrill Nelson, R-Grantsville, has introduced a bill that would allow taxpayers to check a box and donate part of their income tax refund to fund the state's battle against gay marriage, the Salt Lake Tribune reports: 

 

His HB48 would create a check-off on forms for a "Marriage Defense Fund." It would also allow direct donations to the fund via cash, check or credit card — and would direct the state to conduct a marketing campaign to help raise money.

...

"I see it as a way to placate proponents of same-sex marriage who have complained about the cost" to taxpayers for the state’s ongoing appeals to defend Amendment 3, said Nelson, an attorney for Kirton McConkie, whose clients include the Church of Jesus Christ of Latter-day Saints. "I see it as a peacekeeping measure.... I see this as a way to placate both sides."

He added, "I’ve had several individuals and groups tell me they would like to donate to the cause. It’s a way for them to show their support." Besides the tax form check-off, the bill would allow direct contributions to the fund by "cash, credit card or check."

The state of Utah is facing two lawsuits. The first is the appeal before the 10th Circuit of a lower court's ruling striking down the state's ban on same-sex marriage, and the second is one brought by the ACLU against the state for putting "on hold" marriages that were performed before the U.S. Supreme Court put a stay on the ruling in the first case.

ACLU Sues Utah Over Governor's Refusal to Recognize Same-Sex Marriages

The ACLU is suing the state of Utah on behalf of four gay couples married before the Supreme Court placed a stay on a lower court ruling striking down the state's ban. Shortly thereafter, Utah Governor Gary Herbert announced that the 1,300+ marriages would be "on hold" pending the appeal of that case and would not be recognized.

The ACLU:

“These couples were legally married under Utah law and their unions must be treated the same as any other Utah marriage,” said John Mejia, legal director of the ACLU of Utah. “Even our attorney general said that the marriages were entitled to full recognition by the state at the time they were performed.  Regardless of what ultimately happens in the federal challenge to Utah’s marriage ban, the marriages that already occurred are valid and must be recognized now.”

 The lawsuit argues that once same-sex couples are legally married in Utah, they gain protections that cannot retroactively be taken away under the due process clauses of the Utah and United States Constitution.

 Some couples not only wanted to get married to demonstrate their commitment to each other, but also to ensure protection for their children. As a married couple, each parent can establish a legal connection to their children even if they’re not the biological parent or previously recognized adoptive parent. Otherwise, Utah law allows single parents to adopt, but forbids an unmarried partner from being recognized as a parent to the other’s biological or already-adopted children, which could have devastating legal implications.

Utah State Officials Want 10 Day Extension to File Opening Brief in Marriage Appeal; ACLU to Sue

Utah state officials are asking the Tenth Circuit Court of Appeals for a ten day extension to file the opening brief of their appeal in the same-sex marriage case, Kitchen v. Herbert, Equality on Trial reports:

The request was anticipated by some, since the opening brief is due in ten days, and the state only hired its outside counsel for the marriage litigation yesterday. The appeal is on a very fast track in the Tenth Circuit, and briefing was expected to be completed late next month. The Tenth Circuit has said that any request for extension of time “are very strongly discouraged, and will be considered only under extraordinary circumstances.”

Citing the “requirements of state procurement law,” the state says in its request that it could only hire counsel yesterday. The state adds that “the Clerk of the Court indicated to Plaintiffs and State Defendants that the Court is considering extending each of the existing briefing deadlines by 2 or 3 days” and that would mean that even with an extension of time to file an opening brief, only 7-8 days would be added to the briefing schedule.

Plaintiffs in the case are opposing the request (PDF):