Quantcast
Get breaking news alerts via email

Click here to manage your alerts
(Keith Johnson | Tribune file photo) Mark Hofeling, left, exchanges rings with new husband Jesse Walker while being married by Salt Lake City Mayor Ralph Becker outside the Salt Lake County clerk's office, Friday, Dec. 20, 2013.
Utah asks for more time to file in same-sex marriage benefits case
First Published Aug 18 2014 04:26 pm • Last Updated Aug 18 2014 10:17 pm

The Utah Attorney’s General Office has asked for an extension to file its appeal of a judge’s order that requires the state to offer spousal benefits to same-sex couple who were married in Utah last December.

According to a brief filed Monday with the 10th Circuit Court of Appeals in Denver, state attorneys are asking to have until Oct. 22 — a month extension from the previous Sept. 22 deadline set by the court — to file its appeal in the Evans v. Utah case.

Join the Discussion
Post a Comment

Attorneys are asking for the extension due to the fact that the case is "factually and legally complex" and that the attorneys on the case already have a busy workload, according to the brief.

The state notes in its brief that he plaintiffs oppose their motion for an extension.

The suit was brought by four couples who were married in the immediate aftermath of the historic Dec. 20 decision by U.S. District Judge Robert J. Shelby that overturned Utah’s voter-approved ban on same-sex unions.

After the U.S. Supreme court halted all same-sex weddings to allow Utah an opportunity to appeal the case, the state refused to extend spousal benefits to those gay and lesbian Utahns who had married, saying the stay ensured the state could continue to operate under its previously established "status quo."

But U.S. District Judge Dale A. Kimball disagreed. He ordered Utah in May to extend the same in-state benefits to those gay and lesbian couples married in Utah as their opposite-sex counterparts receive.

The couples have yet to receive those rights, as any movement was again halted by the U.S. Supreme Court last month, pending the outcome of the state’s appeal. Until the appeal is resolved, more than 1,200 same-sex marriages have been placed on hold.

Meanwhile, Utah also continues to defend its right define marriage as a union between one man and one woman in the separate Kitchen v. Herbert case.

Earlier this month, the state asked the U.S. Supreme Court to take up the case in an attempt to revive a same-sex marriage ban. Virginia and Oklahoma have also filed similar petitions, with other states expected to also ask to have their cases heard when the nine justices reconvene in October.


story continues below
story continues below

jmiller@sltrib.com

Twitter: @jm_miller



Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment


About Reader Comments


Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
Staying Connected
Videos
Jobs
Contests and Promotions
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Access your e-Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.