A lawyer who successfully challenged Utah's ban on gay marriage said Monday he was "disappointed" by the U.S. Supreme Court decision to put same-sex nuptials on hold while the state appeals.
The 10th Circuit Court of Appeals has put the case on an expedited schedule.
Here is the statement from James Magleby:
"Every day that goes by, same-sex couples and their children are being harmed by not being able to marry and be treated equally.
"However, this is just a temporary order and it is not unusual for the court to stay a decision declaring a state law unconstitutional pending appeal. Importantly, however, this temporary stay has no bearing on who will win on appeal. We were confident when we filed the case in 2013. We were confidence when we presented arguments to the District Court, and we remain equally — if not more — confident about our defense of marriage equality before the 10th Circuit."
Cliff Rosky, professor of law at the University of Utah and chair of the board of Equality Utah, agreed that the stay from the high court does not foreshadow how it might rule if the case winds up before it.
"Presumably the justices just thought the prudent thing to do here was press pause and let the case work its way up through the courts," Rosky said.
"But I think it’s very disappointing for the same-sex couples of Utah and their children and their families. They want their families to be recognized and now they have to wait. That's an that incredibly sad and stressful time for them to endure."