Monday, January 6, 2014

This Day In Gay Utah History January 6th

January 6
1903 Ogden Standard Examiner Municipal Court page 5 This afternoon complaint was sworn before judge Howell charging “Red” Frank Harrington with a crime against nature. The complaining witness being a lodger at the jail.

  • 1903 Heinous Offense In Jail- Frank Harrington, an inmate of the [Salt Lake] city jail will be required to face a very serious charge, as soon as the results of his crime are determined. He assaulted a lodger who came to jail and committed the heinous crime against nature. The assaulted man is in such critical condition as a result of the assault that it is believed by the physician that he cannot recover. In view of this fact the county attorney had the man make out a statement before a notary. Deseret News
Richard & Mildred Loving
1959-Mildred and Richard Loving, a black woman and white man who had been married in Washington DC and then returned to Virginia, were sentenced to one year in jail with a twenty-five year suspended sentence. The case went to the Supreme Court, which overturned the Virginia law and determined that the right to marry is a civil right guaranteed by the US Constitution.

1965 Wednesday-George Roy Moriarty’s brief obituary sated that he was to be buried at Memorial Gardens of the Valley with Military rites by American Legion Post 112. A rosary was held for him. (01/06/65 page 25 col. 6 SLTribune)

1981- Bonnie Bullock, Supervisor of the Salt Lake City-County Health Department VD Clinic addressed Salt Lake Affirmation concerning venereal diseases as they relate to the Gay Community

1983- Thursday -" Due to the length of time of a trial and the strong advise of my attorney's I authorized the proposed settlement. " [Journal of Donald Attridge]

Dan White
1984-Dan White, who murdered San Francisco mayor George Moscone and openly gay city supervisor Harvey Milk was paroled after serving only five years.

1986 Newsweek "Growing Up Gay: The Society's Dilemma- One family's crisis

1986- Cory De Young, an employee of the narcotic division of the SLC police department claimed that Joe Redburn, owner of the Sun Tavern referred De Young to a drug dealer.  Redburn claimed that he was out of town on that date and De Young a former felon was not telling the truth. Incident sets off a vice Squad raid to close down the Sun Tavern. Redburn dismissed De Young as a thief and a liar. “I like Joe. But drugs are getting so bad; people are dying right and left, and you don’t ever hear about it really. It’s too bad that he’s involved because he could definitely run a nice club.”, stated Cory De Young. Joe Redburn stated, “I didn’t know my employees were dealing in drugs. They all signed a paper before they worked here that says they will not sell or use illicit drugs and will submit to a lie detector test if asked.”   

Russ Lane
1988 Wednesday- Yesterday at Unconditional Support, Chris Brown was excited about my concept of a Gay summer retreat this year.  He said that in the Pacific Northwest they are called “Fairy Gatherings” I had to laugh. About 8 p.m. Steve Breckenbury dropped by. He was coming home from Restoration Metropolitan Community Church’s Wednesday service. Anyway we were visiting about Gay Fathers tomorrow and just talking about chucking our membership in the LDS Church when Russ Lane and Chuck Thomas appeared at my doorstep. They had just returned from Russ‘ excommunication from the LDS Church. Chuck went with him but of course they wouldn’t allow him into the proceedings. Russ had called me earlier at 5:30 asking for reference to Romans 14:14 where Paul said nothing is unclean of itself but to him that esteemeth something unclean to him it is unclean.  Now I know why he wanted the scripture. Anyway they accused him of promoting homosexual conduct and read accusations against him that a “non member” had claimed, that Russ was teaching that the LDS Church approved of Gays.  Russ thinks it was Robert Nelson who turned him in. It wasn’t.  I know who it was but it’s better left unsaid for now.  They stayed until 11:30 and I fed them chili and cornbread. So Chuck Thomas is excommunicated, Russ Lane is excommunicated, and Steve Breckenbury is in a state of disfellowshipment.  I was being a real shit and said Well it looks like I’m the only member here who can exercise his Priesthood!  Technically I am the only one who’s still in good standing! Also when Russ told me the news I just said Congratulations! You know what excommunicated Mormons get? Sundays off and a 10 per cent pay raise.  Well perhaps this will be the best thing in the world for them though I doubt if they will stop wearing their garments. Well, Well, Well. Full cycles. Knowing how Russ does not take rejection well, I imagine the Priesthood-Relief Society image of Affirmation will slowly dissolve.  Beau Chaine called me and left a message on my recorder about the Gay Help Line and whether he needed to be at the Gay Community Council tomorrow. I told he didn’t need to be there. [1988 Journal of Ben Williams]

Deb Rosenberg
1990  I met Debbie Rosenberg for the first time today. She has just moved here from New York City and has accepted the position of record keeper for the Stonewall Town Meeting which is being hosted at my house. Debbie Rosenberg accepted the position of record keeper for the Stonewall Town Meeting, a non-partisan Gay and Lesbian PAC.

Ian Charleston
1990-Scottish actor Ian Charleston (Gandhi, Chariots of Fire) (1949-1990) died of AIDS in London.

1993- Russian Ballet dancer Rudolf Nureyev (1938-1993) died of complications from AIDS in Paris.
Rudolf Nureyev

1999 Wednesday  By Marjorie Cortez Deseret News staff writer  Gay couples, lesbian couples, heterosexual couples living in common-law relationships and polygamists could not adopt children in state custody under a proposal before the Board of Child and Family Services. The board will conduct a public hearing on the proposed policy change at 9 a.m. Friday, Jan. 22, at the Division of Child and Family  Services offices at 120 N. 200 West.  Board chairman Scott H. Clark said state adoption standards are now silent on the issues. "I don't believe that given all the alternatives, it is a reasonable choice to permit people who are not married -- be they man-woman, woman-woman, man-man or living together in a clan but not legally married -- to be an appropriate adoption choice," he said. The revision would not "limit or discourage single-parent adoptions," he said. The proposal  would require a "verification that adults present in the home are legally related to the (prospective adoptive) parent or parents by blood or legal marriage." Clark and his wife, Mary Beth, are the parents of 18 adopted children. Clark said he believes that married, heterosexual couples can provide adopted children the greatest degree of stability. "I feel it is the duty and obligation of the division to promote those situations which are probably the most stable for children," he said. DCFS director Ken Patterson said Wednesday that "the division did not seek to put this on the agenda of the board. We think, in fact, there are more  pressing issues for the division to deal with, like carrying through with the instructions (U.S. District Court) Judge Campbell gave us in September," referring to the David C. vs. Leavitt case that challenges Utah's child welfare practices. "We see this as an individual initiative of the chairman of the board," Patterson said. The division does not know if gay or lesbians have adopted children in state custody because caseworkers haven't asked applicants of their sexual orientation. By and large, more married couples than single parents adopt children in state custody. However, more adoptions are handled by private agencies than the state, Patterson said. While the division is not seeking guidance on the point, Patterson said he believes the policy should originate from the Legislature. Although adoptions are handled by juvenile court judges in closed proceedings, some polygamist groups have moved to adopt children from other polygamist families. In 1991, the Utah Supreme Court ruled that practicing polygamy does not automatically make a couple ineligible to adopt, even though  plural marriage is against the law. In a 3-2 opinion, the court found that "neither the statute, the Constitution, nor good public policy justifies a blanket exclusion of polygamists from eligibility as adoptive parents." Department of Human Services legal director Kate Lahey told the board in December that the policy revision may conflict with state adoption statutes, Utah case law and licensing rules. There also could be constitutional challenges to the amendment. Otherwise, the Department of Human Services has not taken a stand on the issue. Roz McGee, executive
Roz McGee
director of Utah Children, objects to the proposal. "I would be really disappointed to see this board take this kind of narrow position, which will surely  involve you in a lot of public attention, media attention and perhaps litigation. It will distract your attention from some critically important areas you are addressing and should be addressing," McGee said. Martha Matthews, an attorney for the National Center on Youth Law, urged caution. A heterosexual couple living together who wanted to adopt could marry if they needed to fill the requirement. That option is not available to gay couples or lesbian couples, said Matthews, explaining she was speaking as an individual, not on behalf of the NCYL. She attended the meeting to address an unrelated matter. "You want to consider  what you're doing when you adopt a policy that absolutely prohibits a certain group of people, which may be 5 percent of the population, from ever adopting a child." Clark said he is "not concerned about whether or not people will disagree. We might have a lawsuit or something else. That's always the case. If this initiative fails, I think there will be enough public attention for the matter to go to the Legislature." Some members of the House and Senate, Republicans and Democrats alike, have expressed concerns about the issue, Clark said. He hopes the board of Child and Family Services, which establishes policy and codifies regulation for the division, will handle the matter itself, Clark said. In 1996, the  Legislature wrestled with the issue of whether gay and lesbian student organizations should  be allowed to meet in public schools. That debate spawned student walkouts, a march on the state Capitol and lawsuits. "My intent is not to divide the community. I want to make sure children are placed in optimal families, Clark said.


2000  Page: A15 Robert (Bob) Carl Skelton, born Nov. 3, 1949 died at his home in Murray, Dec. 30,1999.   Bob was a kind, thoughtful and generous person. He was a jack of all trades, and he took pride in that he always "gave110%" in everything he did. He was a compassionate person and donated hundreds of volunteer hours to various charities dealing with the developmentally disabled and persons with AIDS. He will be missed.   He is survived by his friend and long time companion, Ron. It was his wish that he be cremated and that no formal funeral or viewing be held. A private memorial service will beheld in the spring as per his wishes.   "Be at peace, Bob, knowing that we will never stop loving you."

2004 Queers Kick Ash meetings began to help youth quit smoking. A one of a kind, smoking cessation program specifically designed for GLBTQ youth and implemented at Oasis. The Queers Kick Ash program uses a variety of techniques including peer education, role modeling, support groups, media materials and vouchers for medical cessation services to encourage youth to reduce or quit smoking.

Mark Swonson
2006 -Friday Gene Shalit said this on NBC this morning on the Today show regarding Jake Gyllenhaal's character, Jack, a "sexual predator" who "tracks Ennis down and coaxes him into sporadic trysts." Please write NBC Tell them there is difference between a sexual predator vs Gay men consensual sex. Send by Mark Swonson

Larry Miller
2006 Friday Local Theatre pulls Brokeback Mountain at last minute  Current mood: pissed off One of the local theatre chains in my area (Salt Lake City, UT - Larry H. Miller's Megaplex Theatres) decided at the last minute to  not show Brokeback Mountain. The movie was listed yesterday on their  website, and even had been selling advance tickets. Larry Miller (who owns a number of businesses around here, including the Utah Jazz and  a number of car dealerships; and is Mormon) had stated on a local  radio station yesterday that it wasn't his right to impose his moral  standards and was going to allow his theatres to show the movie as planned. This morning, at the last minute, he changed his mind. Fox 13 News had a story about this on the 9:00 newscast. I'm so steamed up about this, I decided to use the theatre's feedback  form on their website to tell them how I feel. I'd also love to see  the gay community here boycott all of Larry H. Miller's businesses.  Larry Miller owns a large number of businesses in the Intermountain West, their main site is http://www.lhm.com/  If you want to tell the theatre how you feel about this, here's the  link to their website feedback form: http://www.megaplextheatres.com/contact.php?action=feedback While we're at it, let's let the Broadway Theatre know how much we  appreciate their support of the movie, and their continued support of the gay community. Fox 13 also said that of all the theatres in the country currently showing Brokeback Mountain, the Broadway came in at  #10 nationwide for how much the movie has made there. The Broadway's website is http://www.saltlakefilmsociety.org/ I have sent messages via the links above to both theatres, and I encourage everyone to do the same. I don't get very politically  active very often, but every once in a while, something comes along and really gets me to stand up and do something. This is one of those times. "De Ma Ba" <debluebutterfly69@yahoo.com> Friday Jan

2006 Miller's theater pulls Brokeback Mountain Salt Lake Tribune    The Western drama "Brokeback Mountain," which has earned critical acclaim as well as controversy for its depiction of two gay cowboys, won't open today (Friday) as scheduled at the Megaplex 17 at Jordan Commons. The Megaplex 17 announced it was pulling the film late Thursday afternoon. The change-of-heart came too late to remove the title from the theater's ads in today's Salt Lake Tribune.  The movie, starring Heath Ledger and Jake Gyllenhaal, set box-office records for the Broadway Centre Cinemas when it opened Dec. 30. Tori Baker, executive director of the Salt Lake Film Society (the nonprofit that runs the Broadway), said "Brokeback Mountain" made $46,000 over the four-day New Year's weekend ranking 10th nationwide for per-screen average. Baker said Focus Features, the movie's distributor, "is falling  off their chair about [the numbers]."  The movie opened wider across the country today (Friday) to nearly 500 screens, including the Century 16 in South Salt Lake City and the Cinemark 24 at Jordan Landing. "Brokeback Mountain," directed by Ang Lee, is an adaptation of an Annie Proulx short story about two Wyoming cowboys who maintain a romance, hidden from their wives and society, for over two decades. Several critics groups, including the Utah Film Critics Society, named "Brokeback Mountain" the movie of the year. It has received  seven Golden Globe nominations, four Screen Actors Guild nominations, and nominations for Directors Guild, Writers Guild and Producers Guild awards. The phone number to the theater Manager office is 801 304-4500.  Please call and let hear from you!

2006 - Polar Bear Party at Club Try Angles starting at 10 pm.  The Theme is Polar Bear and that means "WHITE".  We would like everyone to wear some sort of white, be it pants, shorts, underwear, t-shirts or whatever you have in white.  There will be raffle for prizes and a special drink called the "Polar Blue Martini" for $4, great dancing and all your  friends to enjoy the evening.  Many of our bear friends are coming back to share in this  fun night so lets make it great. The Board of the Utah Bear Alliance (Noal, Ken, Scot, Ron, and Jake) would like to thank you all for a great year and hope that you will join us for all of the fun activities we have planned this week. We hope to see you all there. Noal President, Utah Bear Alliance (technically not any longer but what the hell for a couple  more days.)

2014 Supreme Court halts Utah gay marriages pending appeal Marriage • Utah AG says the stay puts married gay couples in ‘legal limbo.’ BY BROOKE ADAMS AND LINDSAY WHITEHURST THE SALT LAKE TRIBUNE The court said the stay would be in place until the 10th Circuit Court of Appeals in Denver makes a decision on Utah’s appeal.
The state’s stay application was filed with Justice Sonia Sotomayor, who referred it to the whole court, according to the order issued Monday. Sotomayor is assigned to the 10th Circuit Court, which rejected Utah’s request for a stay three times. U.S. District Court Judge Robert J. Shelby also denied the state’s request that he stay his Dec. 20 order overturning Amendment 3 while Utah appealed.  The order from the U.S. Supreme Court means clerks in Utah no longer will be allowed to issue marriage licenses to same-sex couples. It is not immediately clear what the order means for couples who have already married. Utah Attorney General Sean Reyes, who met briefly with reporters Monday, said that this was the “uncertainty” the state hoped to avoid with a stay. “We don’t know the answer yet as to marriages already performed,” Reyes said, adding that the state wants to carefully evaluate the implications. “There is not clear legal precedent for this particular situation.” Reyes said it was unfortunate that many Utah citizens are now in “legal limbo.”  The state, currently being assisted by Boise attorney Monte N. Stewart, has three weeks to file its initial briefs with the 10th Circuit Court of Appeals. It expects to hire outside counsel to assist with that effort, which could cost as much as $2 million, as quickly as possible; firms interested must submit applications by Tuesday. Reyes said he believes the decision from the Supreme Court indicates it has an interest in the case. “Pursuing the legal process to get a final answer from the highest court benefits all citizens of Utah,” he said. Utah Gov. Gary Herbert praised the Supreme Court’s order as the “correct decision.” “Clearly, the stay should have been granted with the original District Court decision in order to have avoided the uncertainty created by this unprecedented change,” Herbert said in a statement. “As I have said all along, all Utahns deserve to have this issue resolved through a fair and complete judicial process. I firmly believe this is a state-rights issue, and I will work to defend the position of the people of Utah and our State Constitution. In his decision, Shelby said Utah’s ban on same-sex marriage violated equal protection and due process rights of gay couples and demeaned their dignity for no rational reason. His order was the first federal decision on a state law banning same-sex marriage since the U.S. Supreme Court’s landmark decision in United States v. Windsor, which struck a provision in the federal Defense of Marriage Act (DOMA). In its stay application filed with the Supreme Court on Dec. 31, Utah said the refusal of lower courts to grant its request for a stay was “an affront” to the state’s and public’s interest “in being able to define marriage through ordinary democratic channels.” In a reply filed by the state Monday with the U.S. Supreme Court, Utah said Shelby’s ruling is the “starting point for resolution” of what it has described as the “historical and essential” right of Utah and other states to define marriage. Until the “recurring” question of whether the U.S. Constitution requires recognition of same-sex marriages is resolved, Utah should not be forced to license, perform and recognize such marriages, it said. The state said attorneys for three same-sex couples who challenged Utah’s ban on same-sex marriage “quibble around the edges” and fail to offer any persuasive rebuttal to its argument that Shelby’s Dec. 20 order should be stayed while it appeals the ruling. The plaintiffs filed their response before the U.S. Supreme Court on Friday, arguing that a stay would perpetuate the “undisputed” harm to same-sex couples identified by Shelby and the high court itself in the Windsor decision. They argued that constitutional rights of individuals supersede those of the state when the two are conflict. The plaintiffs’ attorneys expressed disappointment at the stay on Monday. “This stay is obviously disappointing for the families in Utah who need the protection of marriage and now have to wait to get married until the appeal is over,” said James E. Magleby, who with attorney Peggy A. Tomsic represents the plaintiffs. “Every day that goes by, same-sex couples and their children are being harmed by not being able to marry and be treated equally.” He said the stay is temporary and is not unusual while an appeal is pending, and it has no bearing on the eventual outcome. “We were confident when we filed the case in 2013, we were confident when we presented the arguments to the District Court and we remain equally — if not more — confident about our defense of marriage equality before the 10th Circuit,” Magleby said in a statement. Carl Tobias, a University of Richmond law professor and federal court expert, said the Supreme Court order doesn’t reveal much except that the stay was granted. “It does not say that the justices were unanimous,” he said, as some have inferred. “In fact, it could have been 5-4, but the dissenting justices could have chosen to not write [to explain their position].” Nor does it reveal whether the court would be inclined to hear the case after the 10th Circuit Court rules on the matter, which is likely to be in the spring. “The court may be content to wait for other cases or to see the reasoning in other circuits,” Tobias said. “We shall know more after the 10th Circuit decides.” About 1,300 same sex couples have wed in 28 of Utah’s 29 counties since Shelby’s ruling. Utah County did not provide marriage statistics. Though it isn’t clear how the stay might affect those unions, making them no longer legal would be unprecedented, said Clifford Rosky, a University of Utah law professor and Equality Utah board chairman. “Ultimately, the courts will decide what happens to those marriages,” said Rosky, but “never in the history of this country has a court retroactively invalidated a marriage that was legal when it was entered.” The stay is difficult news for those couples and their families, Rosky said, including their children, parents, brothers and sisters.” Bill Duncan, president of the Utah County-based Marriage Law Foundation, which joined in an amicus filing in District Court, called the order appropriate. Shelby acted “rashly” in allowing his decision to take effect without granting a stay while the state appealed, he said. “I’m pleased the state has been given time for that appeal to work itself out rather than rushing ahead,” said Duncan, who also is director of the Sutherland Institute’s Center for Family and Society. He noted that U.S. Supreme Court order “suggests that the issue is so important that the court recognizes that there needed to be more deliberation on the question.” “It’s interesting and also helpful from my perspective that whole court endorsed the idea that it is not up to one federal judge to overturn Utah’s marriage laws without much clearer direction from the U.S. Supreme Court,” Duncan said. As for what happens now to marriages performed while Shelby’s decision was in place, Duncan said “we really don’t know and no one will know until a later ruling.” The confusion “could have been avoided if Shelby had issued a stay,” he said. “That was one of the unwise aspects of his decision.” Jim Dabakis — chairman of the Utah Democratic Party, state senator and newlywed to longtime partner Stephen Justesen — failed “to see what good comes by getting down on one knee and telling children [of LGBT couples], ‘Your state really doesn’t believe you are a family and you’re really a second-class kind of people and you’re not as good as the rest of us.’” “People have the religious right to marry or not to marry whoever they choose, but the state of Utah ought not to be making those decisions when you consider all the wonderful benefits to children that come from the security of having two legal parents,” Dabakis said. LGBT activist Troy Williams said the stay will “raise the stakes” and “help us organize more effectively.” “This changes the dynamic because once you try to stop or take away a person’s individual rights and liberties, then you will see our community so fired up unlike ever before,” he said. “If you thought the LGBT community was mobilized or organized in the past, you ain’t see nothin’ yet.” The Sutherland Institute, a conservative nonpartisan policy think tank in Salt Lake City, said the issue also has fired up its supporters. David Buer, communications director, said that after Shelby’s ruling, its network of supporters grew more than 100 percent — largely due to an online petition it sponsored asking Utahns to voice support for the state’s position. The debate now will largely center on the 10th Circuit Court. The appellate court has agreed to hear Utah’s appeal on an expedited basis, with all filings in the case due by the end of February. In its filing Monday, the state said the respondents did not dispute that the Utah lawsuit squarely addresses the question left open in Windsor. Neither do they dispute the Supreme Court is “highly likely” to hear the case if the 10th Circuit affirms Shelby’s decision, the state said.  Utah also said the respondents failed to address the state’s “common-sense” argument, based on sociological studies, that children do better when parented by a mother and father and that permitting only opposite-sex unions increases the likelihood children will be raised in such families. That provides “at least a rational basis for and, indeed, a compelling interest in the Utah laws that the district court wrongly enjoined,” the state said. And every same-sex marriage that occurs in Utah as a result of Shelby’s “unlawful injunction” undermines the right of a state and its people to define marriage in the way they believe will best further the public welfare, it said. Allowing such marriages to continue “irreparably injures the state, by interfering with its enforcement of its own laws,” the state said. Meanwhile, the respondents failed to identify any “concrete” harm to themselves or other same-sex couples that would occur if a stay is granted, Utah said. 

2014 Same-sex couples denied Utah marriage licenses in court order’s wake BY
Kevin Chrisman & James Gerena
MATTHEW PIPER AND LINDSAY WHITEHURST THE SALT LAKE TRIBUNE Kevin Chrisman and James Gerena were a moment too late for a lifelong pledge. After learning of U.S. District Court Judge Robert Shelby’s decision to strike down the state’s same-sex marriage ban, the Boise, Idaho, couple took their first opportunity to drive six hours and marry at the Salt Lake County clerk’s office Monday morning. But as they pulled in, the U.S. Supreme Court ruled in favor of Utah’s motion to stay Shelby’s ruling. The window — for same-sex couples, at least — was now closed. “It’s like having a treasure map with an ‘X’ and finding there’s nothing there at the end,” Chrisman said. Fifteen minutes after hearing the news, the pair sat dazed in the hallway. Chrisman, 28, proposed to Gerena, 24, a year and a half ago, and since then, they’ve worn their bands on and off, depending on the politics of the crowd. Even though they have been together for six years — and Gerena moved to Boise from his hometown of Savannah, Ga., to be with Chrisman — some friends and family still refer to them as friends. “It’s upsetting,” Gerena said. “We go through terrible years of trying to come out of the closet, to make a point that we are not scared anymore. And we get told by someone that thinks that they have the right to say, ‘No, you can’t be happy in your life.’” When a county worker informed a nearby lesbian couple, Chrisman says, one broke down crying. The older couple began to call family and friends who had been planning on attending their wedding from out of state. “Don’t bother,” they told them. “You cannot tell me that is fair,” Gerena said. “To give them a ‘No,’ yet we saw a [straight] couple that looks like they’re both 18 years old just walk out of there, gonna go and get married.” Salt Lake County Clerk Sherrie Swensen estimates that four couples had been turned away Monday as of 11 a.m. As Chrisman and Gerena composed themselves, a lesbian couple walked into the clerk’s office, where a county worker told them about the stay. “What’s that?” one asked. “What I’m saying is … we were issuing licenses until 15 minutes ago, then we were told by the Supreme Court …” “Oh, come on!” The couple declined to identify themselves to the media. They’d be going to Washington, they said. John Netto, interim director of the Utah Pride Center, said that on the whole, the state’s lesbian, gay, bisexual and transgender community (LGBT) had prepared for this possibility. “We’re very confident, ultimately, that the issue will be decided in our favor,” he said. “It’s the only right thing to do.” Seth Anderson and Michael Ferguson, the first couple to be married at the Salt Lake County clerk’s office Dec. 20, have been advised that the stay may affect their ability to file taxes jointly. But, “We didn’t get married for that purpose,” Anderson says. “As it stands, we are legally married in Utah,” he says. “I will not easily allow anyone to take that away from me at all.” In the 17 days same-sex marriage has been legal in Utah, about 1,000 same-sex couples have been wed. Swensen said her office is still looking for clarification on what to do about licenses that have been picked up but not yet returned, as Utah couples have 30 days to get married after picking up a license and an additional 30 days to return it to the clerk. Michael Braxton, who legally performed a marriage for a same-sex couple Saturday, was able to register the marriage certificate Monday shortly after the stay. Because the marriage took place before the stay, the clerk’s office recorded it. “It’s sort of like the red line, you cannot go forward because the ruling does not have the authority to go forward,” said Salt Lake County District Attorney Sim Gill.  “Our commitment is to follow the law … we basically go back to the pre-Dec. 20 days,” Gill said. “Right now, what the state of the law in the state of Utah is now, is you cannot perform that marriage.” Anderson pointed out that whichever side wins at the 10th Circuit, the case likely will go to the U.S. Supreme Court. And that, he thinks, could take a few years. “People were so shocked we had marriage ... that a good number of people that were ready took action,” Netto said. “Frankly, I think we’re winning, and I think we’re winning in a major way. … I see these interim skirmishes as an opportunity to sharpen our swords and figure out what to do next.” When Marina Gomberg heard the ban on same-sex marriage had been struck down, she left work early and rushed to the Salt Lake County clerk’s office with her partner, Elenor Heyborne. Though she’s disappointed by the stay, she said, “this doesn’t invalidate what took place over the last couple weeks here, and it can’t diminish the commitment of loving same-sex couples. I sort of feel like this is part of the process of change, and we have to be patient and hopeful.”How many same-sex couples were married? There’s no definitive number for same-sex couples married in Utah since U.S. District Judge Robert Shelby’s landmark ruling. For starters, the licenses only have fields for “bride” and “groom.” In larger counties that have issued hundreds of licenses since Dec. 20, all they can do is estimate. Calling all 29 counties, The Tribune compiled a total of 1,324 — with a significant flaw: It excludes Utah’s second-most populous county. Utah County Clerk Bryan Thompson simply refuses to hazard a guess. “This was all supposed to be about equality,” says Thompson, who notably denied marriage licenses for five days after Shelby’s ruling while he sought legal clarification. “There wasn’t supposed to be any differentiation between heterosexual and homosexual marriage licenses.” The most licenses were issued in Salt Lake County, at 800, followed by Weber (about 175), Davis (about 150), Washington (58) and Summit (41) counties. Other county totals include: Tooele (28), Grand (13), Cache (12), Box Elder (10-12), Uintah County (9), Carbon (5), Wasatch (5), Iron (4), Kane (3), Sanpete (3), Duchesne (2), Juab (1), Millard (1), San Juan (1), Sevier (1) and Wayne (1). Seven counties did not issue a same-sex marriage license, according to county workers: Beaver, Daggett, Emery, Garfield, Morgan, Piute and Rich. — Matthew Piper

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