k*****e 发帖数: 1235 | 1 犹他不错!我记得加州2010年判决prop8违宪的时候,知道这肯定要上诉,还要扯皮好
几年,因此判决的同时也签发了一个stay,暂缓生效。
犹他反对派要求签发紧急stay,结果被上诉法庭驳回,同性婚姻立即生效。
http://www.huffingtonpost.com/2013/12/22/utah-gay-marriage-emer
On Sunday, the United States 10th Circuit Court of Appeals denied Utah
officials' emergency request to stop same-sex couples from marrying.
The state had filed an emergency motion for temporary stay on Friday,
following a Thursday federal court ruling that overturned the state's ban on
gay marriage. In the ruling, U.S. District Judge Robert J. Shelby said the
state's constitution failed to show that same-sex marriages would impede
opposite-sex marriages in any way.
"In the absence of such evidence, the State's unsupported fears and
speculations are insufficient to justify the State's refusal to dignify the
family relationships of its gay and lesbian citizens," Shelby wrote.
Immediately following the ruling, same-sex couples fled to the county clerk'
s office to receive marriage licenses. But Utah Gov. Gary Herbert (R)
denounced the decision, threatening to take action to appeal it.
"I am very disappointed an activist federal judge is attempting to override
the will of the people of Utah," Herbert said of the Thursday ruling. "I am
working with my legal counsel and the acting attorney general to determine
the best course to defend traditional marriage within the borders of Utah."
The 10th Circuit Appeals Court denied the governor's emergency request "
without prejudice."
"Because the motion before us does not meet the requirements of the Federal
or local appellate rules governing a request for a stay, we deny the motion,
" the court held.
Read the appeals court's decision here (pdf).
http://localtvkstu.files.wordpress.com/2013/12/emergency-motion | R****y 发帖数: 456 | 2 我也以为会和那年加州一样,发个上诉期间暂不生效的禁令。没想到第十巡回法庭如此
威武!赞一个! | e***h 发帖数: 2791 | 3 This is amazing
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【在 R****y 的大作中提到】 : 我也以为会和那年加州一样,发个上诉期间暂不生效的禁令。没想到第十巡回法庭如此 : 威武!赞一个!
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