WASHINGTON -- Same-sex marriage advocates in Utah told the Supreme Court on Friday that the state has not shown there is a sufficient reason to stop the unions while it challenges a judge’s ruling that the state’s ban is unconstitutional.
Lower courts have considered Utah’s request four times and decided that the state would suffer no irreparable harm if the marriages continue during the legal fight, wrote a lawyer for three couples who challenged the ban.
Neither the state nor the public has an interest in “enforcing unconstitutional laws or relegating same-sex couples and their families to a perpetual state of financial, legal, and social vulnerability,” wrote lawyer James E. Magleby of Salt Lake City.
The brief was filed with Justice Sonia Sotomayor, the justice designated to hear emergency requests from the U.S. Court of Appeals for the 10th Circuit, which covers Utah. She can decide the issue herself, or refer it to the full court. There is no deadline for action.
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