Even as same-sex couples in Utah lined up until late in the evening to get a marriage license minutes after Judge Robert J. Shelby declared the state’s ban on gay marriage unconstitutional, the state requested an emergency stay and filed a notice of appeal:
The state filed a notice of appeal late Friday and was working on a request for an emergency stay that would stop marriage licenses from being issued to same-sex couples.
"It will probably take a little bit of time to get everything in place," said Ryan Bruckman, a spokesman for the attorney general's office. Bruckman said the judge told the attorney general's office that it would be a couple of days before he would review any request for an emergency stay.
The Attorney General's office also released a statement that said, "The federal district court's ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit. The state is requesting an emergency stay pending the filing of an appeal. The Attorney General's Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah."
(source)
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