After the U.S. Supreme Court issued a temporary halt to same sex marriages in Utah, Kimball and Santana say they’re fortunate.
“Utah is going to fight it to the end but we had an opportunity to do it and we took it,” says Miguel Santana. “I am very happy that we did.”
Hundreds of same sex couples took that same opportunity when Utah's federal judge declared the ban unconstitutional late last month.
Monday the Salt Lake County Clerk’s office was nearly empty and same sex couples will have to wait.
“I'm sure there are a large number who thought they'd have the opportunity this week and I can't imagine what it would feel like and wake up and have something taken away that's so important,” says Santana’s spouse Ken Kimball.
But a law professor who champions civil rights says this is only a temporary setback.
“I am surprised and disappointed that the stay was issued,” says Clifford Risky who also is a member of Equality of Utah. “I don't think it is a reliable indicator of what's going to happen in the appeal itself.”
At Utah's Pride Center, advocates were disappointed but claim the courts are on their side.
"We consider we're on the right side of history here,” says John Netto. “We're on the right side of love. We're on the right side of the constitution.”
But there’s also a new challenge to same sex marriages in Utah. The newly appointed Attorney General is considering invalidating those marriages.
“I guess it could happen but it's so remote,” says Kimball.
Rosky says it would open up so much litigation in Utah. And advocates say same sex marriages were still considered legal in California during its challenge of Proposition 8.
“We're making history as we speak,” says Santana. “We're here and our marriage is legal and it's going to remain legal.”