In a brief order, and without any recorded dissent, the Supreme Court has blocked federal district judge Robert J. Shelby’s ruling against Utah’s marriage laws from taking effect.
It would be a mistake to read into this action much of anything about the Court’s view of the merits question. But it does indicate that Judge Shelby was (as I have argued) wildly irresponsible in failing to stay his order in the first place. Ditto for the Tenth Circuit motions panel.
It’s now incumbent on the Utah governor to declare that the purported marriages between same-sex couples that have taken place since Judge Shelby’s ruling are void ab initio.