Utah judge: Ruling allowing same-sex marriages still stands

Suzanne Presto and Catherine E. Shoichet, CNN
2 minute read
Updated 1:03 PM EST, Tue December 24, 2013
Carlos McKnight of Washington waves a flag in support of same-sex marriage outside the U.S. Supreme Court on June 26, 2015. <a href="http://www.cnn.com/2015/06/26/politics/supreme-court-same-sex-marriage-ruling/index.html">The Supreme Court ruled 5-4</a> that states cannot ban same-sex marriage, handing gay rights advocates their biggest victory yet. See photos from states that approved same-sex marriage before the nationwide ruling:
Carlos McKnight of Washington waves a flag in support of same-sex marriage outside the U.S. Supreme Court on June 26, 2015. The Supreme Court ruled 5-4 that states cannot ban same-sex marriage, handing gay rights advocates their biggest victory yet. See photos from states that approved same-sex marriage before the nationwide ruling:
Jacquelyn Martin/AP
Shante Wolfe, left, and Tori Sisson become the first same-sex couple to file their marriage license in Montgomery, Alabama, on February 9, 2015. However, seven months after the U.S. Supreme Court ruling legalizing such nuptials nationwide, Alabama <a href="http://www.cnn.com/2016/01/06/politics/roy-moore-alabama-supreme-court/" target="_blank">Chief Justice Roy Moore</a> directed probate judges in his state to enforce the ban on same-sex marriage. Gay rights organizations swiftly denounced Moore's January 6, 2016, order.
Shante Wolfe, left, and Tori Sisson become the first same-sex couple to file their marriage license in Montgomery, Alabama, on February 9, 2015. However, seven months after the U.S. Supreme Court ruling legalizing such nuptials nationwide, Alabama Chief Justice Roy Moore directed probate judges in his state to enforce the ban on same-sex marriage. Gay rights organizations swiftly denounced Moore's January 6, 2016, order.
Brynn Anderson/AP
Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom January 5, 2015. Florida began allowing same-sex marriages after a federal judge struck down the state's ban.
Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom January 5, 2015. Florida began allowing same-sex marriages after a federal judge struck down the state's ban.
Joe Raedle/Getty Images
Chad Biggs, left, and Chris Creech say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on October 10, 2014, after a federal judge ruled that same-sex marriage can begin in the state.
Chad Biggs, left, and Chris Creech say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on October 10, 2014, after a federal judge ruled that same-sex marriage can begin in the state.
Chuck Liddy/Raleigh News & Observer/MCT/Getty Images
Joshua Gunter, right, and Bryan Shields attend a Las Vegas rally to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on October 7, 2014.
Joshua Gunter, right, and Bryan Shields attend a Las Vegas rally to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on October 7, 2014.
John Locher/ap
From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on October 6, 2014. The U.S. Supreme Court cleared the way for same-sex marriage in Utah when it declined to hear the state's appeal of a lower court ruling.
From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on October 6, 2014. The U.S. Supreme Court cleared the way for same-sex marriage in Utah when it declined to hear the state's appeal of a lower court ruling.
Rick Bowmer/AP
Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6, 2014.
Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6, 2014.
John Hart/Wisconsin State Journal/AP
Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6, 2014.
Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6, 2014.
Michael Conroy/AP
Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6, 2014.
Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6, 2014.
Sue Ogrocki/Ap
Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6, 2014.
Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6, 2014.
Manuel Balce Ceneta/AP
Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on June 1, 2014. The date marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.
Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on June 1, 2014. The date marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.
Kamil Krzaczynski/AP
William Roletter, left, and Paul Rowe get close after having their photo taken with their marriage certificate May 21, 2014, at Philadelphia City Hall.
William Roletter, left, and Paul Rowe get close after having their photo taken with their marriage certificate May 21, 2014, at Philadelphia City Hall.
Matt Rourke/AP
Julie Engbloom, left, and Laurie Brown embrace after marrying in Portland, Oregon, on May 19, 2014. A federal judge struck down the state's voter-approved ban on same-sex marriage.
Julie Engbloom, left, and Laurie Brown embrace after marrying in Portland, Oregon, on May 19, 2014. A federal judge struck down the state's voter-approved ban on same-sex marriage.
Alex Milan Tracy/Sipa USA
Jennifer Rambo, right, kisses her Kristin Seaton after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on May 10, 2014. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas.
Jennifer Rambo, right, kisses her Kristin Seaton after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on May 10, 2014. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas.
Sarah Bentham/ap
Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on March 22, 2014, a day after a federal judge overturned Michigan's ban on same-sex marriage.
Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on March 22, 2014, a day after a federal judge overturned Michigan's ban on same-sex marriage.
Bill Pugliano/Getty Images
On November 13, 2013, Hawaii Gov. Neil Abercrombie, left, and former state Sen. Avery Chumbley celebrate with a copy of the Honolulu Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in the state.
On November 13, 2013, Hawaii Gov. Neil Abercrombie, left, and former state Sen. Avery Chumbley celebrate with a copy of the Honolulu Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in the state.
Craig T. Kojima/Honolulu Star-Advertiser/AP
Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 20, 2013.
Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 20, 2013.
Kim Raff/AP
Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic on December 4, 2013, after a judge heard arguments challenging Utah's same-sex marriage ban.
Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic on December 4, 2013, after a judge heard arguments challenging Utah's same-sex marriage ban.
Rick Bowmer/AP
On October 21, 2013, Cory Booker, right, officiates a wedding ceremony for Joseph Panessidi, center, and Orville Bell at the Newark, New Jersey, City Hall. The New Jersey Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.
On October 21, 2013, Cory Booker, right, officiates a wedding ceremony for Joseph Panessidi, center, and Orville Bell at the Newark, New Jersey, City Hall. The New Jersey Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.
Kena Betancur/Getty Images
A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage on June 26, 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman.
A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage on June 26, 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman.
Justin Sullivan/Getty Images
At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage on May 14, 2013.
At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage on May 14, 2013.
Richard Tsong-Taatarii/Minneapolis Star Tribune/MCT/LANDOV
Delaware Gov. Jack Markell holds up legislation on May 7, 2013, allowing same-sex couples to wed in the state.
Delaware Gov. Jack Markell holds up legislation on May 7, 2013, allowing same-sex couples to wed in the state.
Office of Governor Jack A. Markell
Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence on May 2, 2013.
Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence on May 2, 2013.
JESSICA RINALDI/reuters/LANDOV
Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, on December 29, 2012.
Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, on December 29, 2012.
JOEL PAGE/reuters/LANDOV
On March 1, 2012, Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill. The law was challenged, but voters approved marriage equality in a November 2012 referendum.
On March 1, 2012, Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill. The law was challenged, but voters approved marriage equality in a November 2012 referendum.
Alex Wong/Getty Images
On February 13, 2012, Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law. Voters there approved same-sex marriage in November 2012, defeating a challenge by opponents.
On February 13, 2012, Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law. Voters there approved same-sex marriage in November 2012, defeating a challenge by opponents.
Stephen Brashear/Getty Images
Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect.
Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect.
Michael Appleton/Pool/Getty Images
On August 21, 2010, TV reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010.
On August 21, 2010, TV reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010.
Alex Wong/Getty Images
Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol on January 1, 2010, after the state's law allowing same-sex marriage went into effect.
Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol on January 1, 2010, after the state's law allowing same-sex marriage went into effect.
Cheryl Senter/AP
In May 2009, Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed to affirm the right of same-sex couples to marry.
In May 2009, Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed to affirm the right of same-sex couples to marry.
Andy Molloy/Portland Press Herald via Getty Images
Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with an April 3, 2009, court ruling.
Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with an April 3, 2009, court ruling.
Scott Olson/Getty Images
Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriage became legal in Connecticut on November 12, 2008.
Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriage became legal in Connecticut on November 12, 2008.
Christopher Capozziello/Getty Images
Lara Ramsey, left, and Jane Lohmann play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so.
Lara Ramsey, left, and Jane Lohmann play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so.
Angela Jimenez/Getty Images
Same-sex marriage in the U.S.

Story highlights

A federal judge denies Utah's request to stay his decision

The judge struck down Utah's same-sex marriage ban last week

The state's governor criticized the decision, vowed to "defend traditional marriage"

CNN  — 

A federal judge in Utah has denied the state’s request to stay his ruling allowing same-sex marriage there.

U.S. District Judge Robert J. Shelby’s ruling Monday comes three days after he struck down Utah’s ban on same-sex marriage.

The decision last week drew national attention and sent throngs of couples to Utah clerks offices seeking marriage certificates.

Nicole Christensen, 28, and her partner, Natalie Dicou, 32, were among those who tied the knot.

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newday marquez utah same sex marriage_00001020.jpg
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Gay marriage ruling iIn Utah stands

“It’s incredible. It’s like an early Christmas present,” Christensen said. “I’ve been on Cloud 9 ever since we got married on Friday.”

Shelby said lawyers for the state had offered no evidence that opposite-sex marriage would be affected and that their “fears and speculations are insufficient to justify the state’s refusal to dignify the family relationships of its gay and lesbian citizens.”

After Shelby denied the stay, the state attorney general’s office said Monday that it would seek one from the U.S. 10th Circuit Court of Appeals, and that it hoped for a quick decision.

The state separately intends to file an appeal supporting the constitutional ban, and the stay, if the 10th Circuit grants one, would delay Shelby’s initial ruling until the appeal is heard.

Utah Gov. Gary R. Herbert criticized Shelby’s ruling of last week, calling him “an activist federal judge.”

At the time, Herbert said he was working with his legal counsel and the acting attorney general “to determine the best course to defend traditional marriage within the borders of Utah.”

Shelby held a hearing on the matter Monday and denied Utah’s request to stay his decision, according to Mary Jane McNamee, his courtroom deputy.

The judge issued a written ruling later Monday.

Utah voters approved a law banning same-sex marriage in 2004.

Shelby said the state’s “current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason.

“Accordingly, the