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Higher court denies Utah's request to halt gay marriage ruling

SALT LAKE CITY, Utah (ABC 4 Utah) -- The 10th Circuit Court of Appeals in Denver has denied Utah's request that it grant an emergency stay on a federal judge's ruling that overturned the state's ban on same sex marriage last week.
SALT LAKE CITY, Utah (ABC 4 Utah) -- The 10th Circuit Court of Appeals in Denver has denied Utah's request that it grant an emergency stay on a federal judge's ruling that overturned the state's ban on same sex marriage last week.

In a two-page ruling issued on Sunday, the circuit judges wrote that the state requested an emergency stay on the ruling pending a separate decision by the U.S. District Court on its stay motion, which was filed on Friday. That hearing is set for 9 a.m. on Monday in front of Judge Robert Shelby, the same judge who struck down Utah's ban on same sex marriage Friday.

Since the 10th Circuit Court only has rules for granting an emergency stay pending an appeal to its court and not pending a decision by a lower court, Utah's request was denied.

"The appellate and local rules contemplate only a motion for stay pending appeal, and the requirements are clear," the ruling states. "Because the motion before us does not meet the requirements of the Federal or local appellate rules governing a request for a stay, we deny the motion."

The denial was made without prejudice, meaning Utah can file for a stay again if Shelby's decision goes against the request for an emergency stay.
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