U.S. District Court Judge Dale Kimball (Clinton appointee) granted a preliminary injunction Monday afternoon requiring that Utah recognize the marriages of an estimated 1,300 same-sex couples that took place before a U.S. Supreme Court issued a stay in another district court judge’s decision in Kitchen v. Herbert, striking down the state’s ban. But Kimball, who applied heightened scrutiny in the case, Evans v. Utah, stayed his order for 21 days, to give the state time to seek an emergency stay from the Tenth Circuit U.S. Court of Appeals. At deadline, state officials said they were considering an appeal but had not yet made a decision. John Mejia, an attorney with the ACLU which sought the injunction, said that, while couples must still await a permanent decision, the preliminary injunction does provide same-sex couples with “the full recognition they deserve as lawfully married couples.”
– Keen News Service