Following the Supreme Court’s decision to stay SAME-SEX marriage in Utah pending a final ruling by the 10th Circuit Court of Appeals, State Governor Gary Herbert issued a statement that the 1,300 marriages performed in the 17-day period preceding that decision will not be recognized by Utah’s state government until the appeal has been settled.
According to a statement by U.S. Attorney General Eric Holder, however, the federal government has every intention of recognizing those marriages as valid.
“I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages,” Holder explained in a video on the Justice Department’s website, adding that “these families should not be asked to endure uncertainty regarding their status as the litigation unfolds.”
Not only does this surprisingly clear statement from the federal government reinstate what just days ago seemed like a giant step backward in the struggle for marriage equality, but it is also likely to complicate the future of Utah’s state-level policy. Even if Utah’s appeal to reinstate a same-sex marriage ban is successful, the direct contradiction between federal and state policy will make it hard for Utah to strike these 1,300 marriages from the record.
