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Utah files Emergency Application for Stay with U.S. Supreme Court

SALT LAKE CITY (ABC 4 Utah) - Right now the State of Utah is fighting to not recognize its same sex marriages performed during its brief legal window, but in just a matter of days Utah may be forced to acknowledge them whether it wants to or not. So Wednesday the State filed an application for an emergency stay with the U.S. Supreme Court.
SALT LAKE CITY (ABC 4 Utah) - Right now the State of Utah is fighting to not recognize its same sex marriages performed during its brief legal window, but in just a matter of days Utah may be forced to acknowledge them whether it wants to or not. So Wednesday the State filed an application for an emergency stay with the U.S. Supreme Court.

The State of Utah is now asking the U.S. Supreme Court for a permanent hold on recognizing its same sex marriages.

Right now same sex marriages in Utah performed during the brief legal window are already on a temporary hold, but that's set to expire in five days. If the state didn't file this appeal it would've been forced to recognize all 1,300 of them. To avoid that, on Wednesday the Utah Attorney General's Office filed an Emergency Application for a Stay with Supreme Court Justice Sonia Sotomayor.

"This Court has repeatedly demonstrated an appropriate determination to be the "last word" on the validity, under the federal constitution, of state and federal actions regarding same-sex marriage."

According to the application, the State said the Court should grant the stay because it believes Utah will not only win this case (Evans v Herbert) recognizing same sex marriages, but it will eventually win the larger case (Kitchen v Herbert) on Utah's gay marriage ban.

"The State believes they're ultimately going to prevail on the Amendment 3 issue… therefore that being the case, the marriages that occurred during the time the Judge decided that was not constitutional shouldn't be recognized because ultimately they're not going to be recognized," said Greg Skordas, Legal Analyst.

Legal Analyst Greg Skordas said Utah may think that, but he believes that will be tough sell to the Supreme Court. Utah's plea to not recognize gay marriage is quickly becoming the minority.

"Half our country does recognize those and the federal government has told Utah with regards to federal issues that they're going to recognize those marriages," said Skordas.

Its unclear how soon the Supreme Court will make a decision on this appeal. Utah is hoping it responds before the temporary hold ends 8:00 a.m. Monday morning.

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Follow Brian Carlson on Twitter: @briancarlsontv

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