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Some questions Utahns may have in the wake of Monday's U.S. Supreme Court decision to deny appeals from Utah and four other states on their gay-marriage bans:
Can gay couples marry now? •
A: Yes. The Supreme Court's decision not to take up Utah's case will allow same-sex marriages to resume in the state. The 10th U.S. Circuit Court of Appeals issued a mandate at 10:10 a.m. Monday, ordering the state to start issuing licenses. "We will now begin issuing licenses to same-sex couples," longtime Salt Lake County Clerk Sherrie Swensen said soon after.
Will that change? •
A: Not likely. The U.S. Supreme Court would be reluctant to undo same-sex marriages that are now legal in 30 states, legal experts say. They add that the high court might step in if a circuit court rules in favor of state bans — but only to strike down that ruling and make it consistent with the rest of the nation. But some circuit courts are more likely to side with the bans than others. Currently, the 6th Circuit Court of Appeals is weighing pro-gay marriage rulings in Kentucky, Michigan, Ohio and Tennessee. That court is more likely to rule in line with state bans than the 9th Circuit judges in San Francisco, who are considering Idaho and Nevada's restrictions on marriage, the experts say.
Can couples get married in Utah if they are from another state or country? •
A: Yes. Swensen said clerks will issue licenses to applicants from any U.S. state or other countries. "If they come to Utah," she said, "they can get a license."
Can gay couples fill out birth certificates for their children with both parents' names? •
A: Soon. Attorney Laura Milliken Gray, who represents several gay couples and their children, said she expects Utah Attorney General Sean Reyes in the next few days to drop the state's case against a group of judges who granted adoptions for same-sex couples who married in Utah in December.
Can couples file adoption papers for children of same-sex unions? •
A: Yes. Milliken Gray said she expects the six adoption cases she was handling — which were blocked by Reyes' office — to proceed. "People are desperate to protect their children," she said. "It's a wonderful day — a long time coming for these families and these children. It's giving me goose bumps.
"I came in to work today and it was a whole new world."
Will other benefits become available to Utah's same-sex married couples? •
A: Yes, eventually. Last May, U.S. District Judge Dale A. Kimball ruled Utah should treat same-sex marriages performed in the state the same as all opposite-sex unions. Although Utah allowed newly married gay couples to file joint state and federal tax returns, state leaders blocked their efforts to add new spouses to health insurance policies, apply for insurance discounts and finalize adoptions of nonbiological children. The state's appeal of that case, Evans v. Utah, is pending before the 10th Circuit Court of Appeals. John Mejía, the American Civil Liberties Union lawyer who is representing four plaintiff couples suing the state for spousal benefits, said the lawsuit would go forward unless the state drops it in light of the Supreme Court's decision. "As a practical matter," Mejía said, "today's decision probably means that the couples should have their benefits as soon as possible."
How much did Utah's appeal cost? •
A: The state budgeted about $600,000 for the legal battle.