Evans et al v. State of Utah et al
| Carl Fritz Schultz, Donald Johnson, Tony Milner, Matthew Barraza, Elenor Heyborne, Marina Gomberg, Stacia Ireland and Jonell Evans |
| State of Utah, Gary Herbert and Sean Reyes |
| 2:2014cv00055 |
| January 28, 2014 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Dale A. Kimball |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
45
MEMORANDUM DECISION AND ORDER denying 34 Motion for Certification of Issue to State Supreme Court; granting 8 Motion for Preliminary Injunction; denying 10 Motion for Certification of Issue to State Supreme Court. The followi ng Preliminary Injunction Order is temporarily stayed for twenty-one (21) days to allow the State to seek an emergency stay pending appeal from the Tenth Circuit. PRELIMINARY INJUNCTION ORDER: The court issues the following Preliminary Injunctio n against Defendants: Defendants State of Utah, Governor Gary Herbert and Attorney General Sean Reyes are prohibited from applying Utah's marriage bans retroactively to the same-sex marriages that were entered pursuant to Utah marriage licenses issued and solemnized between December 20, 2013, and January 6, 2014. Accordingly, Defendants State of Utah, Governor Gary Herbert and Attorney General Sean Reyes shall immediately recognize the marriages by same-sex couples entered pursuant to Utah marriage licenses issued and solemnized between December 20, 2013, and January 6, 2014, and afford these same-sex marriages all the protections, benefits, and responsibilities given to all marriages under Utah law. Signed by Judge Dale A. Kimball on 5/19/14. (jlw)
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