Application for Stay filed with Supreme Court of the United States in herbert v. Kitchen seeking stay of ruling of Judge Richard Shelby, U.S. District Judge for District of Utah on same-sex marriage
Application for Stay filed with Supreme Court of the United States in herbert v. Kitchen seeking stay of ruling of Judge Richard Shelby, U.S. District Judge for District of Utah on same-sex marriage
Application for Stay filed with Supreme Court of the United States in herbert v. Kitchen seeking stay of ruling of Judge Richard Shelby, U.S. District Judge for District of Utah on same-sex marriage
ante
Supreme Court of the United States
Gary R, Herber, in ts official capacity as Governor of Utah, and
‘Sean D. Reyes, in his official capacity as Attomey General of Utah,
“Applicants,
‘Derek Kitchen, Mouel Sbeity, Karen Archer, Kate Call, Laurie Wood, Kody Partridge,
‘und Sherrie Swenzen, in her official eapacity as Clk of Salt Lake County,
Respondents,
Application To Stay Judgment Pending Appeal
DIRECTED TO THE HONORABLE SONIA SOTOMAYOR
ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES
AND CIRCUIT JUSTICE FOR THE TENTH CIRCUIT
Brian L. Tarbet ‘Monte Neil Stewart
Chief Deputy Utah Attorney General Counsel of Record
Philip . Lott Craig G. Taylor
Stanford E. Purser STEWART TAYLOR & MORRIS PLLC
‘Assistant Utah Attomeys General Special Assistant Attomeys General
UTAH OFFICE OF THE 12550 W. Explorer Drive, Suite 100
ATTORNEY GENERAL Boise, Idaho 83713,
160 East 300 South, Sixth Floor (208) 345-3333
P.O. Box 140856 Stewart@STM-Law.com
Salt Lake City, Utah 841 14-0856
(801) 366-0100
‘Counsel for Gary R. Herbert
‘and Sean D, Reves
December 31,2013,
a‘TABLE OF CONTENTS
INTRODUCTION. 7
BACKGROUND wrens
JURISDICTION
REASONS FOR GRANTING THE STAY
I
4,
m1.
Ther is song ikeibood that cera wl be prantd if the Court of Appeal firms
‘There isa strong likelibood thatthe district court's decision will be overtumed and the
injunction held invalid,
‘Absent sy, theres a iketnood—inded, a cerainty of irepable ham.
TV, The balance of equities favors a stay.
CONCLUSION. 7
APPENDIX
‘App. A Memorandum Decision and Order (District Court)
App.B Judgment ina Civil Case (District Cour)
App.C Order on Motionto Stay
‘App.D Order Denying Emergency Motion for Stay
‘and Temrorary Motion for Stay
Al
Bl‘TABLE OF AUTHORITIES
CASES
Andersen v. King County
138 P.3d 963 (Wash. 2006)
Baker v. Nelson
191 N.W.2d 185 (Minn. 1971)...
Baker v. Nelson
409 US. 810 (1972).
Baker v. Nelson
‘No. 71-1027, Jursdictcnal Statement at 3 (Oot. Term 1972).
ares. EStoms Ine Group Hosp Med. & Sirians Plan
501 US. 1301 (1991),
Bond v. United States
564US,__, 131 $.C1.2355 (2011).
Bowen. Gilllard
483 US. 587 (1987)...
Citizens for Equal Protection v. Bruning
455 F.3d 859 (8th Cir. 2006)
Conbright v. Frommert
‘$56 US. 1401 (2009),
Deawer v. United States
483 U.S, 1301 (1987),
Béelman v. Jordan
415 US. 651 (1974)..
Elrod v. Burns
427 US. 347 (1976).
FCC\. Beach Conme'ns
‘508 U.S. 307 (1993).
Goodridge v. Dep't of Pub. Health
798 N.E24 941 (2003)
1B
116
1B
2,20
18
2,9
ms 13:
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