The opinion, which is expected to be presented to Governor Gary Herbert on Wednesday, will determine if the state provides services to legally wed same-sex couples pending the appeal. The U.S. Supreme Court’s decision to stay same-sex marriages in Utah pending an appeal of Amendment 3 has placed hundreds of couples in a legal gray area. After the Dec. 20 decision declaring it unconstitutional, Governor Gary Herbert directed state agencies to offer services in compliance with a federal judge’s order. But now that the Supreme Court justices have stayed the request, many agencies are wondering if they still must comply.
Given the Attorney General’s expressed hostility toward marriage equality, we’d be surprised if he declared the marriages valid.