Late Friday, the state filed both a notice of appeal of the ruling and a request for an emergency stay that would stop marriage licenses from being issued to same-sex couples. It’s unknown when the judge will make a decision on whether to grant the stay.
“It will probably take a little bit of time to get everything in place,” said Ryan Bruckman, a spokesman for the attorney general’s office. He said the judge told the attorney general’s office it would be a couple of days before any request for an emergency stay would be reviewed.
The ruling has thrust Shelby into the national spotlight less than two years after Congress approved his nomination to the federal bench. He was appointed by President Barack Obama after GOP Sen. Orrin Hatch recommended him in November 2011.
Shelby served in the Utah Army National Guard from 1988 to 1996 and was a combat engineer in Operation Desert Storm. He graduated from the University of Virginia law school in 1998 and clerked for the U.S. District Judge J. Thomas Greene in Utah, then spent about 12 years in private practice before he became a judge.
In his ruling, Shelby wrote that the right to marry is a fundamental right protected by the U.S. Constitution.
“These rights would be meaningless if the Constitution did not also prevent the government from interfering with the intensely personal choices an individual makes when that person decides to make a solemn commitment to another human being,” Shelby wrote.
Many similar challenges to same-sex marriage bans are pending in other states, but the Utah case has been closely watched because of the state’s history of staunch opposition to gay marriage as the home of The Church of Jesus Christ of Latter-day Saints.
The church said in a statement Friday that it stands by its support for “traditional marriage.”