Request to Delay Same-Sex Marriages in California Denied

By Deborah BulkeleyDeseret News
Published: June 4, 2008
The California Supreme Court has denied a request by Utah and nine other states to stay its ruling allowing same-sex marriages until after the November election.
Paul Murphy, spokesman for the Utah Attorney General's Office, said the request for the delay was to protect the state from potential, unnecessary, lawsuits.
"We're disappointed and we will prepare to defend the state against any (marriage) recognition lawsuits, and do the best we can to make sure taxpayers don't bare the brunt of this litigation," Murphy said.
Today's decision means that same-sex couples will be able to marry in California on June 17. However, in November, voters there will decide whether to overrule the Supreme Court's ruling by amending the state constitution to ban gay marriage.
"People are going to get married in June," Murphy said. "In November voters will decide whether that will continue. During that time, marriages will be taking place."
Today's decision to deny requests for a hearing on a stay were denied in a 4-3 vote, with the same four justices in the majority who comprised the earlier majority opinion that it was discriminatory to deny marriage rights to same-sex couples. The majority didn't give reasons for denying the stay in its one-page order.
Attorney General Mark Shurtleff had petitioned the court for the stay on behalf of himself and nine other attorney generals. California conservative religious and political groups had also requested a delay.
Utah's constitution prohibits recognition of same-sex marriage and other domestic unions. Shurtleff had argued in the friend-of-the-court brief last week that without the delay, Utah and other states could face "premature, unnecessary, unnecessarily difficult," lawsuits to determine whether to recognize California marriages of same-sex couples.