The marriages will not be recognized in any form by state agencies until the 10th Circuit Court of Appeals in Denver reaches a decision regarding the district court’s resolution on Dec. 20 to uphold and support same-sex marriages in Utah.
Gov. Gary Herbert’s office clarified the policy in a memo issued to cabinet members Tuesday evening. The office said it is not making a legal decision but merely upholding the Supreme Court’s order for a stay.
“With the district court injunction now stayed, the original laws governing marriage in Utah return to effect pending final resolution by the courts,” said Derek Miller, chief of staff to the governor, in an email.
Utah’s marriage law does not authorize officials to perform marriages for same-sex couples or recognize same-sex marriages that have already been solemnized in other states. Reverting to the law inhibits state agencies from recognizing the new marriages as well.
Nate McDonald, public information officer for Gov. Herbert, said the e-mail was not a legal ruling.
“That is up to the courts,” McDonald said.
While the statement prohibits state agencies from continuing to recognize the marriages, it does not revoke previous authorization. For example, while spouses in same-sex marriages cannot apply for name changes now, spouses who have already changed their names will not have their new driver’s licenses revoked.
The e-mail urges all state employees to “continue to treat all people with respect and understanding.”
Still, Clifford Rosky, president of Equality Utah and professor of law in the S.J. Quinney College of Law, said the statement from the governor’s office marked “a sad day for 1,000 Utah families.”
“These are couples who love each other, and many of them are raising children together,” Rosky said. “By refusing to recognize the validity of these marriages, the governor has left 1,000 families in limbo for months, if not years.”
McDonald said the governor’s office was left little choice.
“We’re doing what we legally had to do,” he said. “The United States Supreme Court put a hold on it.”
He added that the office is hoping the clarification will prevent uncertainty in the coming weeks. Without the statement, couples would be left wondering if they could move ahead with legally joining their lives and their taxes.
Amy Fowler, who married Pidge Winburn on Dec. 23, was wondering just that before the governor’s office issued the protocol.
“Do we get to file our state taxes together?” Fowler asked. “What about looking into our health insurance together?”
Before the announcement became public on Wednesday, Jan. 8, Fowler and Winburn were planning to file their taxes together. While the state of Utah sees the statement as a matter of upholding the Supreme Court, Rosky said the decision was unnecessary.
“The state has not been harmed at all by recognizing these marriages, but the harm to these families as a result of having the protections of marriage taken away is devastating.”