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Gay couples in Utah wed after ruling

A ban voters approved in 2004 was deemed unconstitutional. State leaders plan an appeal.

Natalie Dicou (left) and Nicole Christensen are married by Salt Lake City Ralph Becker in the Salt Lake County Clerk's Office lobby after the state's ban on same-sex marriage was overturned.
Natalie Dicou (left) and Nicole Christensen are married by Salt Lake City Ralph Becker in the Salt Lake County Clerk's Office lobby after the state's ban on same-sex marriage was overturned.Read moreKIM RAFF / AP

SALT LAKE CITY - A federal judge struck down Utah's same-sex marriage ban Friday in a decision that marks a drastic shift toward gay marriage in a conservative state where the Mormon Church has long been against it.

The decision set off an immediate frenzy as the clerk in the state's most populous county began issuing marriage licenses to dozens of gay couples while state officials took steps to appeal the ruling and halt the process.

Cheers erupted as the mayor of Salt Lake City led one of the state's first gay wedding ceremonies in an office building about three miles from the headquarters of the Mormon Church.

Deputy Salt Lake County Clerk Dahnelle Burton-Lee said the district attorney authorized her office to begin issuing licenses to same-sex couples but she couldn't immediately say how many had been issued.

Just hours earlier, U.S. District Judge Robert J. Shelby issued a 53-page ruling saying the constitutional amendment Utah voters approved in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment. Shelby said the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.

"In the absence of such evidence, the State's unsupported fears and speculations are insufficient to justify the State's refusal to dignify the family relationships of its gay and lesbian citizens," Shelby wrote.

The decision drew a swift and angry reaction from Utah leaders, including Republican Gov. Gary Herbert.

"I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting attorney general to determine the best course to defend traditional marriage within the borders of Utah," Herbert said.

The state filed a notice of appeal late Friday and was working on a request for an emergency stay that would stop marriage licenses from being issued to same-sex couples.

"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 Obama after GOP Sen. Orrin Hatch recommended him in November 2011.

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."

Not all Mormons were disappointed. A group called Mormons for Equality said the ruling was particularly sweet coming in "the heartland of our faith." The group has been among the leaders of a growing movement among Mormons to push the church to teach that homosexuality isn't a sin.

State Sen. Jim Dabakis, chairman of the Utah Democratic Party, was one of the first to get married in Salt Lake City with his longtime partner, Stephen Justesen.

Wedding ceremonies were being performed once every few minutes in the lobby of the Clerk's Office, each one punctuated by hoots and hollers from the large crowd.

But at the Utah County clerk's office in Provo, same sex-couples were denied marriage licenses.

Patsy Carter, 42, and her partner of eight years, Raylynn Marvel, 39, said they were told the office was still reviewing the ruling and consulting with the county attorney.