Holder said in a video announcement released Friday that the marriages will be recognized as lawful and that the couples will be eligible for federal benefits, regardless of Gov. Gary Herbert’s previous decision to refuse to recognize the marriages within the state which has now been rescinded.
“These families should not be asked to endure uncertainty regarding their status as the litigation unfolds,” Holder said in the announcement.
He added that the Department of Justice is working to give all couples in same-sex marriages full rights and benefits “as quickly and as smoothly as possible.” This comes in recognition of the Supreme Court’s ruling in United States v. Windsor in June 2013, “holding that Americans in same-sex marriages are entitled to equal protection and equal treatment under the law.”
Clifford Rosky, professor of law at the S.J. Quinney College of Law and president of Equality Utah, expressed his happiness at the Attorney General’s announcement Friday afternoon.
“We are thrilled that the federal government will recognize these marriages,” he said.
The Governor’s office had previously issued a memo to cabinet members on Tuesday, Jan. 7, ordering them not to recognize the marriages. That memo has now been voided by a second memo released Friday, Jan. 10 that stated Holder’s announcement was “no surprise” and the state will comply with federal laws.
Holder said that while the Supreme Court’s administrative decision to send Shelby’s ruling to the circuit court has “cast doubt” on the ruling in United States v. Windsor, the Department of Justice plans to uphold it by recognizing the marriages in Utah.
Couples in Utah will now be able to file their federal taxes together and apply for federal benefits jointly.
The case is moving along the fast track at the Denver court.
Rosky said that there are about 20 similar cases across the nation and that there is a good chance that the final decision in Denver will be appealed by the Supreme Court and most likely heard in conjunction with those cases.