June 27, 2017
advice articles
The Utah Same Sex Marriage Controversy

The Utah Same Sex Marriage Controversy

Troy-and-Jim-outside-Seth-and-Michael-inside-972x5502013 pretty much turned out to be “The Year of the Gay” in many ways. We saw the death of Prop. 8, the crippling of DOMA, and a whole lot of dominos fall in terms of states allowing same-sex marriage. One such domino that proved to be an extremely sweet cherry on top of a fantastic year was Utah. Let’s face it, the Mormon church has a pretty shitty reputation when it comes to its acceptance of LGBT people. After all, they did have a pretty big role to play with the whole financial backing of Prop. 8. But one day, out of the blue, Mormon-land itself found itself the home of a crap ton of gay weddings, after a federal judge issued a ruling that declared the state’s voter-enacted same-sex marriage ban unconstitutional. Victory is ours once again, right? Especially since, after the state’s legislative and executive branches tried to appeal the decision and have a stay put in place, they were turned down by the 10th Circuit Court of Appeals.

utah marriageNot so fast. Unfortunately, the U.S. Supreme Court has now put a stay in place, effectively putting a halt to same-sex marriages in Utah. Worse yet, the fates of over 1000 newly-married same-sex couples are now uncertain, since it’s not exactly clear right now what sort of legal stance these marriages have. As of now, Utah’s governor has stated that the state will not recognize these newly formed same-sex unions, and that they will continue to do so until the stay has been lifted. So does that mean that the game is over? Are Utah’s same-sex couples dead in the water? Is this a step back for the otherwise-forward march of equality…spurred by the very same Supreme Court that struck down DOMA and Prop. 8? Not necessarily…

A stay is not the same thing as an outright ban on same-sex marriage. All it means is that the court is effectively putting a stopper on the entire situation. Now while the Supreme Court has not announced yet whether they will even hear this case, they handed down this stay relatively quickly and also unanimously, which means that even the justices who voted in support of marriage equality support this stay. According to legal experts who are far smarter than I, this can actually be seen as a good thing. Mainly, this is a very good sign that the Supreme Court does plan to hear this case, which means that it could potentially end up with a result that reaches beyond Utah’s borders.

UT_MarriageHalt-ImageShare450This is actually somewhat similar to what happened during the Prop. 8 case. The voters (arguably) voted for Prop. 8. Then a federal judge declared it unconstitutional. But instead of having same-sex marriages begin again immediately, the higher courts put a stay in place until the case was decided on by higher courts. Like I said, a stay is just a stopper. If, during the years it took to decide the Prop. 8 case, they had allowed same-sex couples to get married, all it would do is potentially alienate even more “married” couples had the courts decided in favor of Prop. 8. However, since the stay was put in place, all that it meant was that same-sex couples in California had to wait for a while until their right to marriage was ultimately confirmed.

So yeah, don’t get terribly worked up about what’s going on in Utah. Sure, it stinks that thousands of same-sex couples are stuck in a sort of limbo for the time being. But like I said, experts are saying that this is a good sign that SCOTUS is going to issue a decision on this case. Now think about…if the court does issue a decision in the Utah case (which isn’t a guarantee yet)…what is the likelihood that they would decide in our favor on two separate cases last year to then turn around and change their minds on another case? Justice Anthony Kennedy, author of the opinion on DOMA, has already made it clear that such laws do nothing but discriminate against same-sex couples and their families. So yeah, definitely keep your eyes to the headlines for more developments about the Utah same sex marriage controversy.

About RJ

RJ is a blogger/vlogger/writer and the other half of the NotAdamandSteve duo. When he's not making videos or writing stuff online he's usually working out, traveling, telling you factoids you never asked for, working out, or spending quality time with his new husband and German Shepherd.


  1. People always say that we need to get involved in the government. I never exactly see how until legal cases like this show up. When people make a legal uprising in something, people have to start actually looking at issues from a legal perspective, not a personal belief perspective, like politicians. These legal decisions MUST be based in the Constitution somehow.
    When this gets to the Supreme Court, and if it rules in the favor of marriage equality in Utah, it will automatically become a precedent for every case like it. Since Federal law trumps state law, we could very well be seeing marriage equality all over this fine country that prides itself on equality in the first place.
    All because of Utah. Who would have thought.

    • Kind of a poetic justice

    • If SCOTUS does take it up there is still a chance that the ruling can be limited in scope. They did it with the Bush v Gore case in 2000, they limited the scope of that ruling to just that election and specifically said it did not apply to future cases. So depending on how the word the ruling, it may not automatically strike down all state bans. The most likely outcome I see is that the 10th Circuit will agree with the District Court of Utah striking down the Utah Marriage ban and that SCOTUS will not take up an appeal of that ruling to avoid making a blanket ruling on same sex marriage.

  2. Thanks so much for the analysis! It’s difficult sometimes to clear through all the speculation on the news, and get to the facts of the matter. I was so surprised when the judge made his ruling a few weeks ago! I was with my family skiing, we’re all Mormon and I’m an out Gay member, when we heard and we were shocked! The next two hours consisted of me getting dozens of texts from other members sharing the good news. It’s funny, but I really do think this would have happened pretty soon anyway. There’s a growing movement in the Church of people who disagree with the current standards, and are pushing for change pretty rabidly. Once again, thanks for the layman’s analysis of this foggy topic!

  3. This makes me feel so much better about this whole situation! Thank you for clearly putting what’s going on into words. Let’s keep our fingers crossed for the best.

  4. Speaking as a foreigner, I believe there’s something unbelievably perverse about the United States not having united states. The country should decide on gay marriage, not each individual part of it.

  5. As a person who has lived my entire life in Utah without being Mormon, hearing about marriage equality here was a very exciting thing to see. Although there has been a stay I will continue to support and congratulate couples who did get married in the short window of time. Just an opinion from the state of controversy.

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