The office of Utah Gov. Gary Herbert said today that it will not recognize the same-sex marriages performed in the state after its ban on the unions was called unconstitutional last month as it continues to appeal the ruling.
There have been over 1,000 same-sex marriages performed in Utah since U.S. District Court Judge Robert J. Shelby said on Dec. 20 that the state’s ban was unconstitutional. However, all marriages were put on hold Monday, when the Supreme Court issued a stay while Utah appeals Shelby’s decision.
Today, Deseret News reports that Herbert’s chief of staff, Derek Miller, wrote a memo, saying that the governor has decided to not recognize the marriages already performed as the appeal process continues, based on advice from the Utah Attorney General's Office.
“Please understand this position is not intended to comment on the legal status of those same-sex marriages — that is for the courts to decide,” Miller wrote. He explained that the state’s marriage laws will go back to the way they were before Shelby’s ruling, adding, “ It is important to understand that those laws include not only a prohibition of performing same-sex marriages but also recognizing same-sex marriages.”
Deseret News notes that the Utah State Tax Commission cancelled its planned meeting this week to decide how the married same-sex couples would file their taxes. At the moment, they will have to file single income tax filings.
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