Utah AG Reyes Follows a Measured and Professional Stance on Marriage Licences

Belying the false narrative that Governor Gary R. Herbert is invalidating marriages, Utah Attorney General Sean D. Reyes has advised county clerks to issue all marriage certificates applied for prior to the stay (full statement at the bottom).

This reiterates what I said earlier this week: the Governor’s directive to state agencies is not to invalidate marriages, but to put the issue “on hold,” however inconvenient that may be, until courts can settle the issue.

James Humphreys, my good friend and a local activist, is quoted in a Deseret News article on the statement. “The governor didn’t say the marriages were invalid. He said the marriages were on hold,” Humphries said. “They should have that piece of paper.”

During the period of time before the stay was issued, the law of the land was that same-sex marriage had the same status of traditional marriage. Upon the issuance of the stay, Judge Shelby’s ruling on UCA 30-1-3 and 30-1-4, which prohibits same-sex marriage. Because case-law can be arguably shown to prevent the state from removing a marriage license that has been issued, Reyes is stating that marriage licenses issued should be fully delivered.

This is a good step for upholding the rule of law and due process as the Amendment 3 issue works its way through the appeals process. Unfortunately, those who are arguing that the state is “walking back,” “taking back,” or trying to “pry my marriage license from my cold, dead hands” are doing little to either help their position or further develop sympathy from those who don’t oppose them. Rather, they show that they are willing to spin and distort the truth to attain their ends.

We would all be better off if we would refrain from outlandish and arguably untrue statements that inflame passions and denigrate our opponents. Reyes’ willingness to direct the county clerks to deliver pre-stay certificates indicates a good faith effort on behalf of the State of Utah to support the fair play standards of the law and allow due process to run.

Full statement from Utah Attorney General Sean Reyes below:

For Immediate Release

1-9-14

Utah Attorney General Sean D. Reyes reached out Thursday afternoon to provide legal counsel to County Attorneys and County Clerks regarding the processing of marriages of couples of the same sex before the stay was issued.

The following letter was distributed from the Attorney General’s Office,

To all County Attorneys and County Clerks in the State of Utah:

The Utah Office of the Attorney General has been asked by certain counties for legal clarification about whether or not to mail or otherwise provide marriage certificates to persons of the same sex whose marriage ceremonies took place between December 20, 2013 and January 6, 2014, prior to the issuance of the stay by the U.S. Supreme Court. We offer the following guidance:

Although the State of Utah cannot currently legally recognize marriages other than those between a man and a woman, marriages between persons of the same sex were recognized in the state of Utah between the dates of December 20, 2013 until the stay on January 6, 2014. Based on our analysis of Utah law, the marriages were recognized at the time the ceremony was completed.

While the validity of the marriages in question must ultimately be decided by the legal appeals process presently working its way through the courts, the act of completing and providing a marriage certificate for all couples whose marriage was performed prior to the morning of January 6, 2014, is administrative and consistent with Utah law. Therefore, it is recommended that county clerks provide marriage certificates to all persons whose marriages were solemnized during this period as an administrative function and not a legal function. This would allow, for instance, same-sex couples who solemnized their marriage prior to the stay to have proper documentation in states that recognize same-sex marriage.

Attorney General

Sean D. Reyes