Monday, December 23, 2013

This Day In Gay Utah History December 23rd

 December 23
1970- After an LDS mission president reported to the LDS First Presidency, that "One Elder admitted to having masturbated in groups with other college students at the BYU which implies possible homosexual activities," the First Presidency sent a letter instructing mission presidents to ask potential missionaries "direct questions" concerning "fornication, adultery, homosexuality, masturbation, heavy petting, or drug abuse."

1980- Salt Lake Chapter of Affirmation's 3rd Annual Christmas Party held at the home of Phil Foster with at least 100 people in attendance.

1987- KRCL’s Concerning Gays and Lesbians topic Homosexuality and the New Testament Ben Williams hosted show.

1987- Gay Father’s leader John Bush hosted a Christmas Party and showed a video on  the 1987 The March on Washington

1988 Housewife and mother, Carolyn Spriggs tested HIV positive

1989 Gays joined others in a protest of Bush’s invasion of Panama. “About 11 a.m. I was in a protest march at the Federal Building to protest the invasion of Panama.  I was interviewed by a woman from Channel 2 News who remembered me from Gay Pride Day.  Mike Pipkim went with Brandon Burt to a Quickbeam Pagan Winter Solstice Ritual.”

John Reeves
1990  Dr. John Reeves Phd sent me an autographed copy of Harry Hay's autobiography, "The Trouble With Harry."  John said that it was the first one autographed in Boston.  Harry Hay was the founder of the Mattachine Society and Radical Faeries. (memoirs of Ben Williams)

1993-.B3 CATHOLICS PAY TO SETTLE SEXUAL-MISCONDUCT CHARGES Byline: By Peter Scarlet THE SALT LAKE TRIBUNE    A young man who made sexual-misconduct charges against a retired priest will receive $6,000 as part of a settlement with the Roman Catholic Diocese of Salt Lake City.   The Very Rev. Robert Bussen, vicar general of Utah's diocese, said the man's allegations -- and his threat to file a lawsuit against the diocese -- have been resolved.   In a terse statement read Wednesday by Mary Mayo, the diocese's part-time communications director, Father Bussen said the accord has three stipulations:   ``Ongoing psychological counseling, $6,000 for temporal needs or expenses, and a disputed loan between [the Rev.Lawrence M.] Spellen and the victim that was resolved.''   Father Bussen did not indicate how long the diocese would pay for the 27-year-old man's therapy or discuss the disputed loan.   Just last week, the diocese publicly announced the allegations against Father Spellen, as well as others against a lay volunteer at Salt Lake City's Cathedral of the Madeleine who was dismissed last fall when sexual allegations against him surfaced.   In the case involving Father Spellen, Bishop William K. Weigand said the young man claimed to have had an on going  sexual relationship with Father Spellen, who served as a pastor at seven Utah parishes and a teacher at Judge Memorial Catholic High School in Salt Lake City before his retirement in 1987. The allegations date to the 1982-87period when he was pastor of St. Patrick's Parish in Salt Lake City.   The diocese first heard about the allegations last summer when the 76-year-old priest told Bishop Weigand he was being privately accused of sexual misconduct. Father Spellen's prerogatives to perform priestly functions weresuspended after preliminary investigations.  In October, the young man visited Father Bussen, who offered to provide psychological help. On Nov. 30, the youngman's lawyer threatened to sue the diocese unless his client was provided a substantial cash payment, said BishopWeigand.   The case against the former lay volunteer at the cathedral came to light in September when a man in his mid-20s reported he was abused by the layman 15 years ago, said Father Bussen. Two others, who also claimed to be abused bythe layman, subsequently visited the Catholic official.   Father Bussen said the three are now receiving counseling and none of them has threatened any lawsuits.

1998-The Centers for Disease Control released a report on why some people at risk for HIV infection don't get tested. Reasons included privacy and fear of positive test results.

1999-Pentagon spokesman Kenneth Bacon announced that a memorandum had been issued calling for immediate action against cases of anti-gay harassment in the military.

2003 The American Family Association votes regarding Gay Marriage were 189,194 (33.67%) in opposition to Gay Marriage 326,203 (58..06%) for legalization of Gay Marriage, 46,478 (8.27%) in favor of some sort of Civil Union

2004 Gays win skirmish over dates for dance Copper Hills High: They no longer need permission slips; national group joins fray By Jessica Ravitz The Salt Lake Tribune Copper Hills High is singing a new tune about gay couples attending school dances. No longer do they need written parental permission – a requirement from the principal that
Jason Atwood
sparked a round of protests and a flurry of national attention. The school's about-face delighted Jason Atwood, the 17-year-old senior who fought Principal Tom Worlton's rule. "That is very exciting," Atwood said Tuesday. "Maybe I was wrong when I said Copper Hills wasn't tolerant. They're a lot more willing to work with students than I thought they were." Atwood wanted to bring his boyfriend to a school dance last month, but was concerned they would be harassed. As a safety precaution, Worlton asked Atwood to bring a permission slip from his parents - a step not required of straight couples. The principal said he saw it as a way to keep parents in the loop about their kids' concerns. Atwood's parents refused to sign the slip for fear that it would absolve the school of responsibility to protect their son. So Atwood stayed home. But he didn't stay quiet. Atwood and his friends staged four days of protests outside the West Jordan school. After news stories about the dispute popped up in Utah and across the nation, Worlton promised to re-evaluate his stand. Now, according to Jordan School District spokeswoman Melinda Colton, Copper Hills is dropping the permission-slip requirement. "If the student doesn't feel the need to tell the principal, [a same-sex couple] can just show up at the dance," she said. However, if students - "gay or not" - approach Worlton with safety concerns, the principal still would place a call to parents. "It just . . . helps parents to be included," she said. Worlton could not be reached for comment Tuesday. Dani Eyer, executive director of the American Civil Liberties Union of Utah, applauded the action. "If it's evenhanded across the board, that's great," she said. But the issue points to a continuing problem: discrimination, bullying or assaults of gay students in the nation's schools. Lambda Legal, a 31-year-old nonprofit gay-rights organization, has launched its first national public service announcement campaign aimed at protecting gay youths. The group is targeting Utah for its television and radio PSAs because of the Copper Hills fallout. "With the recent controversy . . . it became apparent that there was a particular need in this community for increased awareness – to educate gay students, public schools and the community at large," said Michael Adams, Lambda's director of education and public affairs. The ads - funded partly by a former Reno, Nev., student who won a $400,000 settlement in a federal civil rights suit against his school district - feature various gay youths who discuss their rights in school. One script reads: In second grade, I was the only kid who loved green. My teacher said it was OK to be different. Last year, I wanted to take my girlfriend to the prom. My school said, "No." It wasn't OK to be different anymore. Then I learned I had rights at school. I have the right to be who I am. I have the right to support from adults. We have the right to start a Gay-Straight Alliance. I have the right not to be harassed.. . . We have the right to be ourselves - to be out, safe and respected. So far, four Utah television stations - KTVX, KSL, KSTU and KUTV - have received the PSAs. But only one, KTVX, has committed to running it in January. "It's a nice piece," Shar Lewis, community affairs director of the ABC affiliate said. "It's a little controversial, but that's not going to prevent me from running it." Steve Poulsen, vice president of marketing at KSL-TV, said his station won't be airing the ads. "We will not be running these because they don't target a large percentage of our viewership." Adams said such reactions miss the point. "It's important people see this as not just a gay issue but as an issue of the right of every person to receive a fair and supportive education," he said. "The fact that gay students have legal rights is indisputable. There shouldn't be anything controversial about that." jravitz@sltrib.com
  • Harassment of gays A 2003 survey of lesbian, gay, bisexual and transgendered students found that: 78 percent heard slurs regularly, up to 25 times a day in high school. 19 percent heard similar epithets from faculty or staff at least some of the time. 83 percent reported that faculty or staff never or only sometimes intervened on their behalf. 65 percent had been sexually harassed. 39 percent had been shoved. 17 percent had been assaulted. 64 percent felt unsafe in school.


2013 QSalt Lake Same-sex marriages happening across Utah as Shelby declines to stay his ruling As couples are lined up outside county clerk offices across the state — and with the line in Salt Lake County wrapping around all three levels of the Salt Lake County Complex South Building — District Judge Robert Shelby declined a state motion to stay his decision. In a hearing this morning, delayed by a ruling from the 10th Circuit Court of Appeals, state attorneys presented much of the same arguments they did over three weeks ago as reasons for Shelby to stay his ruling. “This ruling will not be the final word on whether marriage is a Constitutional right,” Utah lawyer Philip Lott testified. “This court has imposed its own view of marriage over the desires of the people of Utah.” He said the state is entitled to have the case reviewed without the “chaotic situation” that the marriages are causing and urged the judge to “take a more orderly approach than the current frenzy.” “Granting the stay simply preserves the status quo,” he read from his motion. Shelby interrupted, asking Lott, “What is the status quo?” To which Lott fumbled for words. Plaintiffs’ counsel Peggy Tomsic far from fumbled for words. “The status quo has changed,” Tomsic said. “When  county clerks began issuing licenses and same-sex couples began getting married, that became the new status quo.” Tomsic panned the state attorneys for failing to come up with any more testimony than what they had presented in the Dec. 4 hearing, nor in their legal responses since the case was first filed. 
Peggy Tomsic
“The state is asking you to look backward — to grant a stay on the same arguments they gave in four hours of testimony,” Tomsic testified. “That is the same arguments which you soundly rejected in your ruling.” “Both sides were given ample opportunities to put their best arguments forward,” she continued. “A stay or injunction requires more than a reargument of the same issues brought before the court.” “The ‘cloud of confusion’ the defendants talk about occurs only in their own minds, not anyone else’s,” she said. “To decide to stay the ruling is like going back to all of those married and trying to marry and saying, ‘just kidding!’” Lott gave the example of then-District Judge Vaughn Richard Walker deciding to stay his ruling at the same time he ruled against California’s Proposition 8. Shelby explained the difference between what happened in that court and why it didn’t happen in this court. “There was no motion for a stay pending when I made my ruling,” he said. “When Judge Walker ruled, the plaintiffs had filed a motion to stay the ruling in case it didn’t come down their way.” There was no such motion filed by the State of Utah before Shelby made his ruling. “I had no authority to rule on a temporary stay,” he explained. Tomsic said the lack of the state filing a stay and the fact the state didn’t put in writing a motion to stay until well after business hours of all county clerks infers that the state didn’t see an emergency, and therefore an emergency stay at this time is not called for. At the end of the testimony, Salt Lake County Deputy District Attorney Darcy Goddard brought a technical issue that concerned county clerks across the state. Shelby’s ruling did not specifically mention a provision in Utah code that specifically mentioned a clerk could not issue a marriage license to a couple if they were not a man and a woman. “We [Salt Lake County] took your ruling to be addressing any and all laws that blocked same-sex marriage,” she testified. “We are just hoping you will clarify the ruling.” Shelby called for a recess while he deliberated. To Goddard’s question, Shelby stated upon his return that, “To the extent I was not clear in my ruling, my intent was to find that the laws of the state of Utah that deny people of the same sex from marrying are unconstitutional. Those laws cannot be applied. I didn’t attempt to identify all of the laws on the books that do violence to the Constitutional rights of all people in my ruling.” In the end, Shelby said that the state failed to carry its burden in showing why a motion to stay his ruling should be approved, meaning that his ruling remains in effect. After the hearing, the state put a new motion for a temporary stay to the 10th Circuit Court of Appeals, which has given the plaintiffs’ legal team until 5 p.m. today to reply, meaning the court cannot address the motion at least until after most city clerks offices are closed for the day.

2013 Utah counties split on issuing same-sex marriage licenses Marriage • Most counties follow federal court ruling but a few refuse. BY CHRISTOPHER SMART AND DONALD W. MEYERS THE SALT LAKE TRIBUNE Utah counties looking to the state government for clarification on whether to issue marriage licenses to same-sex couples Monday were left to their own devices — and some turned couples away despite plain talk from U.S. District Judge Robert Shelby. In essence, Shelby, who on Friday struck down Utah law forbidding same-sex marriage, said Monday that county clerks who do not issue licenses to gay and lesbian couples are violating the law. “My original intent ... was to find that a law of the state of Utah that denies same-sex couples the opportunity to marry is in violation of due process and equal protections under the U.S. Constitution,” Shelby said. “Therefore, my intent is to prevent the state of Utah — or anyone acting on its behalf — from denying same-sex couples the protections guaranteed by the U.S. Constitution.” That was clear to some but not to others. By late Monday, 22 of Utah’s 29 counties said they would issue marriage licenses.— No licenses
 • Box Elder County will not. County Attorney Stephen Hadfield said the court ruling left county clerks in a “damned if you do, damned if you don’t” position. “There is a conflict between the state statute and the judge’s ruling,” he said. “We need further clarification.”
 Cache County was not issuing marriage licenses to any couples, regardless of gender. County Attorney James Swink released a statement Monday saying the Cache County Clerk’s Office had closed “to sort out the legal issues and confusion created in the wake of Judge Shelby’s opinion.” Neither Gov. Gary Herbert’s office nor the office of newly named Attorney General Sean Reyes was offering advice to counties Monday. Herbert said Shelby’s ruling created “a lot of problems for us with conflicting laws in the state of Utah and what the county clerks should be doing....” Ryan Bruckman, the A.G.’s spokesman, said state officials hoped the 10th U.S. Circuit Court of Appeals would stay the ruling pending an appeal. “That would relieve problems for the counties,” Bruckman said. “We want to make sure everyone is on the same page.” In fact, counties were not on the same page. Throughout the day Monday, some counties that did not heed Shelby’s ruling Friday pivoted and began issuing licenses, or said they would begin doing so on Tuesday. As of late Monday, Beaver, Carbon, Weber, Davis, Daggett, Emery, Salt Lake, Summit, Tooele, Duchesne, Uintah, Morgan, Millard, Grand, Iron, Kane, Rich, Sanpete, Sevier, Wayne, Washington and Wasatch counties were issuing same-sex marriage licenses. Counties not issuing licenses — in addition to Box Elder and Cache — were Juab, Piute, San Juan and Utah. Garfield County officials could not be reached for comment. A tale of two counties • Salt Lake County District Attorney Sim Gill said he wasn’t waiting to obey the court’s order that struck down the Utah law against same-sex marriage. The state’s most populous county started issues licenses Friday and continued Monday. “We don’t think we are violating any state law [by issuing marriage licenses]. A federal judge has said the law [forbidding same-sex marriage] is unconstitutional,” Gill said. “We are not going to violate anyone’s constitutional rights.” Beyond that, Gill said that failing to issue marriage licenses to qualified same-sex couples could expose the county to legal liability. “We would be open to hundreds of lawsuits,” he said. “We are not prepared to take on that [financial] liability.” Utah County Clerk Bryan E. Thompson turned aside at least three same-sex couples Monday, citing a need for legal clarification from the county attorney. “Until I receive the further clarification that I’m seeking, the Utah County clerk’s office will not be making any policy changes in regards to [whom] we issue marriage licenses,” Thompson said. For Helen Wright, Utah County’s refusal was the second denial since Friday for her and her partner, who did not want to be identified. “I can’t understand why they’re denying it,” Wright said. — Uncharted territory • But Thompson said he was not issuing licenses in Utah’s second most populous county for the benefit of couples as well. “We’re in uncharted territory,” he said. “Those issued licenses could have their marriages overturned” if the courts stay the decision. Keri Burton and Melanie Lloyd weren’t buying Thompson’s argument. “I don’t accept that,” said Burton, an Orem resident. “Other counties are issuing licenses,” Lloyd said. Same-sex marriage supporters were also disappointed by Thompson’s decision. Berta Marquez, a Mormon who is also a nondenominational minister, had hoped to officiate for couples at the county building. Instead, she lamented what she saw as hypocrisy. “As a Mormon, it saddens me that as a people who were persecuted for not fitting the majority marriage template, we are now being inhospitable to our LGBT brothers and sisters,” Marquez said. Brigham Young University law professor Lynn Wardle on Monday downplayed the civil liability of county clerks refusing to issue marriage licenses. “Oh, heavens no,” he said during a Trib Talk interview Monday, referring to civil liability. “To me that’s a bush league kind of quibble.” But ultimately, counties would run the risk of civil liability if they do not comply with the court’s order, said Paul Cassell, a University of Utah law professor and former federal judge. But, he added, county officials may have a little wiggle room if the 10th Circuit Court issues a stay in a short period of time. “If the 10th Circuit won’t stay [Shelby’s ruling] there is no basis at the point” for not issuing same-sex marriage licenses, Cassell said.

2013  Utah County refuses to issue same-sex marriage licenses Courts • Utah County clerk says, "We're in uncharted territory." BY DONALD W. MEYERS THE SALT LAKE TRIBUNE Provo • Utah County officials turned aside three same-sex couples Monday, citing a need for legal clarification from the county attorney. "Until I receive the further clarification that I'm seeking, the Utah County Clerk's Office will not be making any policy changes in regards to [whom] we issue marriage licenses," according to a statement released by Clerk Bryan E. Thompson.  For Helen Wright, it was the second denial since Friday. She and her partner, who did not want to be identified, were denied in Millard County. "I can't understand why they're denying it," Wright said.Thompson said he was not issuing licenses for the benefit of same-sex couples, as well. "We're in uncharted territory," Thompson said, explaining why he was not issuing licenses for the benefit of same-sex couples. "Those issued licenses could have their marriages overturned" if Shelby or a higher court stays the decision.  Keri Burton and Melanie Lloyd weren't buying Thompson's argument. "I don't accept that," said Burton, an Orem resident. "Other counties are issuing licenses," Lloyd said. U.S. District Judge Robert J. Shelby said Monday in conjunction with denying a state request to stay his Friday decision making same-sex marriages legal in Utah, that his ruling allows all people the "fundamental right" of marriage. Shelby said counties who don't comply are breaking the law. Utah County Commissioner Larry Ellertson said the county was waiting for the 10th Circuit to rule before it will issue any licenses to same-sex couples. "We'll abide by the law, once we know what it is," Ellertson said. When asked about the possibility of Thompson being found in contempt for refusing to issue licenses, Ellertson said "that is a risk we have to take." Same-sex marriage supporters were also disappointed by Thompson's decision. Berta Marquez, a Mormon who is also a non-denominational minister, had hoped to officiate for couples at the county building. Instead, she lamented what she saw as ironic hypocrisy. "As a Mormon, it saddens me that as a people who were persecuted for not fitting the majority marriage template, we are now being inhospitable to our LGBT brothers and sisters," Marquez said. Brannon Richardson, a Mormon who has a homosexual brother, said this is a civil-rights issue. The law is, you can issue a marriage license to any two human beings who want to get married," Richardson said. Brianna Cluck and Stefani Sarem were also denied a marriage license, even though they were different genders. Cluck is a transgender person.  "We came down to make a political point," Sarem said. "I feel like the court denying [Amendment 3] was clarification enough for Utah County," Cluck said.

2013 Utah tax commission to study whether newlywed gays may file jointly Tax panel • State banned that, while federal policy didn't — but all that was before Friday judge ruling.  BY LEE DAVIDSON THE SALT LAKE TRIBUNE Same-sex couples may be marrying in Utah, but it is unclear whether they will be able to file joint state income tax returns to enjoy the same tax breaks as other married couples. "Since there are several legal issues in motion, we will review with our attorneys these new developments how we address the filing status on state income tax returns," said Charlie Roberts, Utah State Tax Commission spokesman.  "Our intent is to get together as soon as possible to make those decisions," Roberts said, because the state must have tax forms printed soon. Also, vendors of tax preparation software need any changes quickly. In October, the commission announced it would not allow same-sex couples — even if married in other states — to file joint returns, a decision coming five weeks after the Internal Revenue Service announced it had approved joint filing of federal returns by such couples. A commission notice said then, "Since Utah law does not recognize same-sex marriages, same-sex couples may not file a joint state income tax return in Utah." Of course, a federal judge has since overturned Utah's ban on gay marriage. Documents obtained by The Salt Lake Tribune through an open-records law request show that the commission announced its decision in October — instead of waiting any later — because it was getting "pressure from software vendors" to have a policy in place quickly to allow final preparation of their products. Roberts said Monday that the current position of the tax commission not to allow joint filing by same-sex couples stands until and unless the commission changes it. The policy announcement in October came without any formal vote or public debate by the four-member commission. It was somewhat surprising because Commission Chairman Bruce Johnson told The Tribune in late August that absent any specific legislation, he felt Utah would likely follow the IRS policy on same-sex couples. That's because the state tax system piggybacks on the federal one. The decision in October meant that married same-sex couples trying to follow Utah and federal policy would need to calculate their federal taxes on forms both for joint and individual filing — then use the joint information to file federally, and the hypothetical individual information for state tax returns. The commission has partially denied Tribune requests for its documents about the decision. Some documents were released, but said little about the decision except about the timing of the announcement. The commission denied access to documents from the counsel for Gov. Gary Herbert and from the attorney general's office, saying they were protected by attorney-client privilege. The Tribune has appealed to the State Records Committee arguing that since the commission held no public meetings on the matter, the documents withheld amount to decision-making process and should be released for public understanding and good government. — Don't file state tax before Jan. 31  The Utah State Tax Commission strongly encourages taxpayers to file state income tax after Jan. 31, which matches the Internal Revenue tax season. "To speed up your tax refund, we encourage all filers to wait until Jan. 31, and file electronically rather than a paper return," said Charlie Roberts, Tax Commission spokesman. He said the state will not process any tax returns before Jan. 31, so there is no advantage to filing on paper before that date. He said taxpayers will receive their tax refunds much faster by filing electronically after that date and using the direct deposit option. 

2013 Hundreds of same-sex couples marry in Salt Lake County By Jim Dalrymple II | 
Mangus and Dahl stood at a mid-point in the line, just before it trailed off from one floor to another, and as the cheers bounced around the building they smiled. The two women met 25 years ago — "she exuded amazing energy" Dahl would later say of the moment she first saw Mangus at a dance — and they had a commitment ceremony just two years later. "We vowed to make this commitment forever," Dahl said, "and we have." But when the West Valley City couple learned of the court decision striking down Utah’s ban on same sex marriage, they knew they had to act. Dahl said she was driving when she heard the news. And she was crying. And speechless. Like hundreds of other same sex Utah couples, neither woman expected her home state to open the doors for same sex marriages so soon. The two women had planned to tie the knot next year in Minnesota, near Mangus’ family, but early Monday morning they jumped at the chance to marry in Utah — a place that, despite its conservative reputation, they described as filled with beauty and good people. Waiting in line just a few dozen yards ahead of Mangus and Dahl, Nathan London and Alan Britton wore matching green shirts and identical wedding rings. Like many hopeful couples, the men — who have been together for nine years and live in Cottonwood Heights — showed up Sunday night and camped outside the door of the county clerk’s office building. London said it was "horribly cold," though someone else who also spent the night brought a gas-powered heater. It wasn’t so bad. Rusty James and Melvin Nimer, of Midvale, also camped out, though they didn’t show up until 1:30 a.m. Hours later, the men had finally worked their way through the line, obtained a marriage licence and headed downstairs to find an officiant. James said the day had been an emotional roller coaster, "but a wonderful one." Though many of the couples waiting in line expressed confidence that they would ultimately get a licence Monday, that outcome was far from a foregone conclusion. During much of the morning the state worked to halt the weddings, asking U.S. District Judge Robert J. Shelby for a stay of his Friday ruling that would have put plans for new same-sex nuptials on ice. Shelby rejected those efforts, though the state immediately moved on to the 10th Circuit Court in Denver with a similar request. Utah County — the second most populous in the state — as well as others, refused to issue marriage licences to same sex couples. Those efforts hardly damped the mood in Salt Lake City. After 11 a.m., when word reached the office that Shelby had rejected the state’s call for a stay, a roar of approval reverberated through the halls. And every few minutes, smaller cheers rang out from the lobby, where more than 20 clergy members — many with rainbow scarves draping their shoulders — stood ready to marry anyone with a licence. The air was electric, buzzing with Christmas carols, flower petals and anticipation. Salt Lake County Clerk Sherri Swensen said the crowd numbered about 700 people. By mid-afternoon, 312 had been married, eclipsing the previous record of 82 marriages in a single day. Most of the marriages Monday were same sex couples, Swensen said, though there were a handful of opposite-sex couples, as well. 
  • Among those same-sex couples were Brian Benington and Duane Jennings, who spoke some of their vows in Afrikaans to honor Benington’s South African heritage; Andrew Alisea and Sam Evans, who have two cats but no kids; Sydney Rowsey and Joanna Smith, who met decades ago in a college psychology class; Deb Anderson and P. J. Jennings who got together five years ago at a friend’s pot luck in the park; Heather Collins and Jax Collins, who began sharing a last name after their ceremony in January 2012.
  • And Mangus and Dahl. The two women spent nearly seven hours in line Monday. While they were waiting, their nephew Sam Smith and his mother were racing to Salt Lake City from New Mexico, a 10-hour overnight drive that came early in order to be there for the wedding. Smith and a handful of other family members made it to the county clerk’s office by early afternoon, and at 1:30 p.m. they stood with Mangus and Dahl in a small wedding party. Dahl said the marriage mattered to the couple because they would qualify for scores of new benefits granted only to legals spouses. And because they felt validated. Dahl, who has read Shelby’s decision, also believes gay marriage in Utah is here to stay. "I trust that justice will rule," she said.Just before Mangus and Dahl left the building Monday, they held bouquets — the ones they had left over from giving flowers to other newly married couples, as well as to the county clerks — and read their vows as camera flashes strobed all around them. They kissed. They hugged their family, and then, with a borrowed black pen, they signed their marriage licence.
2013 Urgency for same-sex marriage-seekers in Utah Legal challenge • District judge denied a stay Monday but there still is uncertainty. BY JIM DALRYMPLE II AND JESSICA MILLER THE SALT LAKE TRIBUNE There were feelings of love. Of excitement. Of "Finally!" But one feeling overpowered many of the same-sex couples waiting in line at clerks offices in Salt Lake, Weber and other counties Monday morning: urgency. They all knew that while they were anxiously waiting in line hoping to get a license to marry, a federal judge was hearing arguments about whether he should stay the ruling he issued Friday, which declared Utah's ban on same-sex marriage unconstitutional. Ultimately, U.S. District Judge Robert J. Shelby denied a stay, but early Monday, couples in line were uncertain whether their right to marry would disappear in just a few short hours. Coral Mangus and Andrea Dahl stood at a mid-point in the Salt Lake County Clerk's Office line, just before it trailed off from one floor to another. The two women met 25 years ago — "she exuded amazing energy" Dahl would later say of the moment she first saw Mangus at a dance — and they had a commitment ceremony just two years later. "We vowed to make this commitment forever," Dahl said, "and we have." But when the West Valley City couple learned of Friday's court decision, they knew they had to act. Dahl said she was driving when she heard the news. And she was crying. And speechless. The two women spent nearly seven hours in line Monday. According to Salt Lake County Clerk Sherri Swensen, the woman were among about 700 people who showed up. The county issued 353 licenses Monday, eclipsing the previous record of 82 licences issued on a single day. Most of the marriages were same-sex couples, Swensen said, though there were a handful of opposite-sex couples, as well. Dahl said the marriage mattered to the couple because they would qualify for scores of new benefits granted only to legal spouses. It also made them feel validated. Dahl believes gay marriage in Utah is here to stay. "I trust that justice will rule," she said. Just before Mangus and Dahl left the building Monday, they held bouquets — the ones they had left over from giving flowers to other newly married couples, as well as to the county clerks — and read their vows as cameras flashed around them. They kissed. They hugged their family members and then, with a borrowed black pen, they signed their marriage licence. In Weber County, public affairs director Holin Willbanks said that as of 10:20 a.m., when the line finally diminished at the clerk's office, the county had issued 60 licenses. Officiants at the hotel across the street said they had married 57 couples by that time. Spencer Ward and Patrick Friederman were the first in line in Ogden — they arrived at 10 p.m. Sunday evening — but they let another couple in front of them:
Gage Church and
Tim Sharp
Gage Church and Tim Sharp. Church, the pastor of Congregational United Church of Christ, was pushed to the front so that he could get his license, get married and start marrying others across the street at the Hampton Inn and Suites. Sharp said they came to the Weber County Clerk's Office Saturday, when it was announced that the office would be open for an hour to issue licenses. They were there so Church could officiate weddings, Sharp said, not to get married themselves. However, once he saw the emotions of others who were turned away after the office didn't open as planned, he was moved to propose to his partner of 20 years. He popped the question inside the parking garage at the Weber Center. And at 8 a.m. Monday morning, they received the first same-sex marriage license issued in Weber County. "There was a sense of, 'This is really happening,' " Church said. "But I also was like, 'We need to hurry.' " "Tick-tock, tick-tock," Ward nervously said to Friedeman as printer issues snagged their application process at about 8:15 a.m. Monday morning. But with license finally in hand, the couple literally sprinted across Washington Boulevard into the Hampton Inn and Suites, where they were wed, side-by-side with their two best friends. In Salt Lake County, the threat of a stay hardly damped the mood. After 11:20 a.m., when word reached the office that Shelby had rejected a stay, a roar of approval reverberated through the halls. Every few minutes, smaller cheers rang out from the lobby, where more than 20 clergy members — many with rainbow scarves draping their shoulders — stood ready to marry anyone with a licence. The air was electric, buzzing with Christmas carols, flower petals and anticipation. Among the same-sex couples that married in Salt Lake County were Brian Benington and Duane Jennings, who spoke some of their vows in Afrikaans to honor Benington's South African heritage; Andrew Alisea and Sam Evans, who have two cats but no kids; Sydney Rowsey and Joanna Smith, who met decades ago in a college psychology class; Deb Anderson and P. J. Jennings who got together five years ago at a friend's potluck in the park; and Heather and Jax Collins, who began sharing a last name after their ceremony in January 2012. By midmorning in Weber County, there was just one quiet couple filling out an application in the clerk's office. It was a far cry from hours earlier, when cheers had erupted every time a couple left the office with a marriage license in hand. "They want their rights," Church had said of those crowding the halls. "They want their love recognized. It's chaotic but it's a joyful chaos.
2014 SALT LAKE TRIBUNE "Editorial: Utah should stand with the nation and accept gay marriage Fight is over; let healing begin   Gov. Gary Herbert's first statement after U.S. District Judge Robert J. Shelby's decision striking down Utah's gay-marriage ban was a tell-tale sign. He said he was directing state lawyers to "determine the best course to defend traditional marriage within the borders of Utah." The "borders of Utah"? Do we really want to have our own set of individual rights separate from other Americans? Shelby's decision recognized Utah's right to define marriage, but he also made clear that the definition still has to fit within the U.S. Constitution. Amendment 3 doesn't. Shelby could have extended the battle by holding a trial on Amendment 3. Instead, after reviewing filings from both the state and the three couples challenging Amendment 3, he concluded the law interferes with the couples' rights of due process. It was the first federal ruling striking down a state ban on same-sex marriage since the U.S. Supreme Court killed the Defense of Marriage Act (DOMA) in June. It won't be the last. So unanticipated was the decision that the state apparently didn't even have paperwork ready to ask the judge to stay the decision pending an appeal. With Amendment 3 discarded and no stay in place, county clerks were suddenly deluged with same-sex couples Friday afternoon. The governor later said the decision caused "a chaotic situation in our state that requires an expedited judicial resolution." What that really means is he didn't like the expedited resolution Shelby gave him, so he's calling it chaos. Scenes from the clerk's office Friday showed joyful pandemonium, but it was hardly chaos. The governor's hope for a different outcome comes from language in the Supreme Court's DOMA decision that says states have the role of defining marriage for themselves. Utahns had done exactly that with a 2004 election approving Amendment 3, which defined marriage as a union exclusively between one man and one woman. But in continuing to pursue Amendment 3 after the Supreme Court ruled, Utah ignores the rest of the DOMA decision, which states that DOMA violated the Fifth Amendment's due process by putting same-sex couples "in an unstable position of being in a second-tier marriage." Shelby used the 14th Amendment to apply that same logic to Utah's law. Passed after the Civil War to keep Southern states from denying rights to African-Americans, the 14th Amendment requires that states can't have a different standard for due process than the federal government has. Shelby rightly dismissed the state's argument that granting marriage rights to same-sex couples somehow denies rights to heterosexual couples: "The State's current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason." Utah may be unique among states, but it's still a state. If the governor wants to see real chaos, it would be a return to pre-Civil War America where states can define their own rights for individuals. Utahns work very hard to attract out-of-state workers and visitors, and that work is seriously undermined if we tell them they won't have all their due-process rights when they get here. 
Nothing in the decision commands religious organizations to do anything differently. The two largest religions in Utah (Mormons and Catholics) have been big players in the fight to stop same-sex marriage, and they remain convinced that marriage should only be between one man and one woman. That can still be true for them. But to the extent that marriage is a legal right, it must be a right for all Americans, and that includes all Utahns. The governor is determined to continue the quixotic fight for Amendment 3, and he has plenty of supporters in that. But the rest of us should move on to the healing. Gay marriage proponents should resist further antagonism or gloating and instead engage in caring and understanding dialogue. They can do so confidently, knowing that Friday's events offer full evidence that we live in the land of the free and the home of the brave.

2014 Weddings and Law suits and stays, OH MY! Courtney Moser aka Petunia Papsmear The road to the wedding chapel is fraught with danger and excitement.  It has been four years since that tumultuous December in 2013 when ALL HELL BROKE LOOSE IN UTAH! I had just returned home from work in the evening of Friday December 20th, and kicked off my stiletto driving shoes, opera length driving gloves and my emergency flashing breasticles and began to make myself a peanut butter and jelly sandwich to tide my expansive appetite until dinner a mere 1 hour away.  I clicked on the TV news and saw film of Michael Ferguson and Seth Anderson getting married at the Salt Lake County Clerks office.  HOLY COW!  Never in a million years did I think I would see gay marriage in Utah in my lifetime.  Surely and army of Storm Trooping Layers would swoop in and stop the festivities.  But no!  When Mr. Pap Smear got home, we both watched the news non-stop over Saturday and Sunday as many were making plans to storm the County Clerk’s offices early Monday morning.  We discussed whether we should join the masses.  Late Sunday night, while lying in bed, watching the news, we sort of proposed to each other.“Should we?”  “I don’t know.”  “How long do you think it will stay legal?”  “Probably about 3 hours.”  “Well, we probably better try, or who knows when the chance might come again?”  “OK then, what time to we need to get up?”  “Probably 4:00.”  “OK.”  (We are both such romantics, not!) Monday December 23rd, 2013 we got up and 4:00 am showered and going against all my princess training from all my life, I dressed for comfort rather than style, because who knows what kind of circus we might be going into and how long it would be.  Because it was a special occasion, we drove thru the McDonalds drive thru and got some sausage muffins. We arrived at the Salt Lake County office building at just after 6:00 am when they had opened the doors and let the huddling masses waiting outside in line into the warmth of the building.  They had us all line up all around the hallways, circling the whole building on both floors.  Our place in line happened to be along the balcony overlooking the atrium.  I counted the line and we were the 153rd couple in line.  The Clerk’s office wouldn’t open until 9:00 am.   Officials came through the halls and handed out little notices saying:  “The Court in Denver is scheduled to open at 10:00 am.  If the court rules to stay the judge’s ruling, at that time we must all leave the building in an orderly fashion.”  Quickly people began to calculate how many couples do you think they could push through in the 1 hour time period.  As bad as I am a math, (I couldn’t count to 12 if the breasticles weren’t lighted) even this ditzy queen could calculate that the 153rd couple in line didn’t stand a chance in hell. It was getting very hot and sweaty as I assume that the building was bulging at the seams over capacity.  9:00 came and there was much cheering when the first couple emerged from the clerk’s office and went down into the atrium and had a ceremony performed by the flock of gathering clergy from many churches.  The line began to move torturously slow.  10:00 came and went.  No one came to tell us to leave.  Holy Cow!  We might make it! Some staff from an adjoining office came into the halls singing Christmas Carols and a Boy Scout Troup showed up and began handing out pizza slices.  And Sim Gill the SL District Attorney could not stop smiling.  It was a party now.  My job was as an on call delivery driver.  I was just counting on luck that I not get called by my work and required to leave.  Mr. Pap Smear was supposed to be to his job at 3:00. I began to worry about timing.  Finally at 1:30 made it to the clerk’s office.  Just at the very moment that I was signing the papers, my work dispatcher called and asked if I could do a delivery.  In my frustration, I yelled into the phone, “I’M TRYING TO GET MARRIED HERE!  NO, I CAN’T WORK TODAY!”  and I hung up, and finished signing the papers. With license in hand, we descended into the atrium to have a ceremony.  We saw Pastor Curtis Price from First Baptist Church (where the Matrons of Mayhem have been doing Drag Queen Bingo for several years) just finishing a ceremony.  We asked him if he would do us next.  Just then, the reporter and photographer from Chanel 4 came up and asked if they could film the ceremony.  Sure why not?  Pastor Curtis was performing a very traditional ceremony.  As he started to get to the part where “do you promise……as long as you both shall live”, my nerves began to get the best of me.  Here we were, after 24 years together, having the most important moment in our lives in our street clothes and with no rings to exchange and no family share it with, and I began to sob.  I could barely utter “Yes”.  And there was the TV camera capturing every gasp and tear.  CNN picked up the footage and ran it every half hour for a day and a half.  God bless waterproof mascara.  Next month, the reception. This story leaves us with several important questions: ·         Was my hot and sweaty feeling because my girdle was over capacity? ·         If I had worn my propeller breasticles, could I have given comfort to the whole crowd?·         If no one really proposed, does the wedding even count? ·         Were my tears, tears of joy, or of not having THE BIG BRIDEZILLA WEDDING? These and other eternal questions shall be answered in future chapters of the Perils of Petunia Pap Smear.


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