SCOTUS has stayed the Utah ruling:
The Supreme Court on Monday morning put on hold a federal judge’s decision striking down Utah’s ban on same-sex marriage, thus stopping a wave of such marriages across the state. The Court’s order reinstates the state ban and will keep it intact until after a federal appeals court has ruled on it. …
With the Justices’ order in the case, it now appears almost certain that the question of state power to bar same-sex marriages will not be before the Justices during the current Term. A case on that issue would have to be granted this month to be reviewed before the Court is expected to finish this Term in late June.
Rick Hasen is unsurprised:
Recognizing a constitutional right to same sex marriage is a big deal, which requires thought, consideration and preparation in the public if this is going to happen through the courts.
In Utah, one of the most conservative states in the union, we went all of a sudden overnight from no gay marriage to gay marriage. There was little indication for those not following developments it would happen. I think it did happen because Utah’s lawyers continually botched their stay requests, and the Judge was following the arguments that were presented to him. And once things started, Utah botched again how it handled its request in the 10th Circuit.
Key here I think is lowering the temperature, even (especially) for those Justices who ultimately support finding a right to same sex marriage.
Denver Nicks adds:
More than 900 gay and lesbian couples have already married since the initial ruling. The status of those unions following the Supreme Court’s ruling is unclear.