BY TOM BUSSELBERG
FARMINGTON – Paperwork related to same sex marriages performed between Dec. 20 and the stay issued Monday, Jan. 6, has already been completed by the Davis County Clerk's Office.
That falls in line with instructions released Thursday, Jan. 9, by the Utah Attorney General.
Davis County Clerk Steve Rawlings said the approximately 160 same sex marriages performed by his office all took place during the time allowed by what was then "the law of the land." He said the Attorney General's instructions "now confirmed our directive to make sure all paperwork related to those marriages is finalized."
He emphasized that paperwork applies only to licenses issued and marriages performed before the stay.
"We had to make a decision early in the week as to what we were going to do," Rawlings said. "The Attorney General has just confirmed that what we did was in line with his legal opinion."
He added that on Wednesday a member of his staff contacted three same sex couples who had taken out licenses but had not performed the marriage ceremony. One of those couples was from Idaho.
"Any licenses and marriages requested after that (Monday's stay) will not be issued or performed until we receive further word as the courts make their further determination," Rawlings emphasized.
The letter released Thursday, Jan. 9 by the Attorney General's office said in part that with paperwork in order, "This would allow same sex couples married in Utah to have their marriages recognized out of state."
The U.S. Supreme Court halted same-sex marriages in the state, granting a stay in favor of the state while the state appeals Judge Robert Shelby's ruling against Amendment 3. Supreme Court Justice Sonia Sotomayor referred Utah's request to the full court, which granted the stay until Utah can present its case in defense of Amendment 3 in the 10th Circuit Court of Appeals.