Attorneys ask Supreme Court to deny stay on same-sex marriage

By Glen Mills

Published 01/03 2014 03:31PM

Updated 01/03 2014 08:50PM

SALT LAKE CITY, (ABC 4 Utah) – Attorneys who helped strike down Utah’s ban on same-sex marriage filed a response with the highest court in the land Friday.

They're trying to persuade Justice Sonia Sotomayor to deny an emergency stay.

The state filed an application for the stay with the Supreme Court Tuesday, hoping to halt marriages until the appeal can work through the courts.

Salt Lake Attorney, James Magleby filed the 40 page response citing the same argument we have heard from the state, irreparable harm.

He argues it's same-sex couples and their children that would be the ones suffering, not the state.

He says Utah’s exclusionary marriage laws stigmatize the relationships of same-sex couples as “inferior and unequal.”

He also argues forcing these families to wait and hope for the best as the case advances is a burden no family should have to endure.

University of Utah Law Professor, Cliff Rosky believes it will come back to a summer ruling, when the Supreme Court shot down the Defense of Marriage Act.

"When the court did that they said the Defense of Marriage Act injures, stigmatizes and demeans same-sex couples and harms and humiliates children of same-sex couples."

Sotomayor is hearing the case because she oversees the 10th Circuit Court where Amendment 3 was ruled unconstitutional on December 20, 2013.

She can rule on the stay herself or consult with other justices. She could also request a rebuttal to the response from the state.

When the decision will come down is unclear, but it will likely be next week.

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