I'll ask it again:
So Utah is the only state of six in the jurisdiction of the 10th circuit, where the SCOTUS overruled the 10th circuit saying that Utah [a state] has the right to have their voter-enacted one man/one woman law upheld in the interim?
OK I'll explain it to you.
1. Based on this case and this case only, the Federal District Court Judge in Utah found Utah's ban as unconstitional, that one ruling ONLY applies to Utah.
2. The 10th Circuit Court has jurisdiction over Utah, Wyoming, Kansas, Colorado, and Oklahoma.
3. Utah requested a stay from the 10th on the decision and it was denied.
4. Utah then requested a stay from the SCOTUS and it was granted.
5. The stay is applicable only to the Utah case pending an appeal to the SCOTUS, which I believe the Utah AG recently filed with the SCOTUS. If other Federal courts in Wyoming, Kansas, Colorado, or Oklahoma were to find their bans unconstitutional - they would have to obtain a separate stay pending appeal.
6. In Oklahoma, a Federal District Court Judge did find that State's ban unconstitutional. That ruling was appealed to the 10th Circuit court. The 10th Circuit upheld the ruling but immediately applied a stay to their own ruling in that case pending appeal based on the fact that the SCOTUS granted the stay in the Utah case.
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The result is you know have two States in the 10th Circuit Courts jurisdiction in which the State ban was found unconstitutional. The State actors that have standing requested a stay and received it, but the stays were from two different courts: Utah = SCOTUS and Oklahoma = 10th Circuit. The SCOTUS has not stayed the Oklahoma Case, the 10th Circuit did that taking guidance from the previous stay by the SCOTUS in the Utah case.
Now if a 3rd State where to find the ban unconstitutional (Wyoming, Kansas, or Colorado), let's say Wyoming - **IF** those with standing decided to accept the Federal District Court ruling and NOT appeal, then that is the end of the case. The Utah stay by the SCOTUS doesn't apply to a different case out of Wyoming and the 10th Circuit Courts stay doesn't apply to a different case out of Wyoming. Those stays only apply to the cases for which they are issued.
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Now it is unlikely I agree, but if the SCOTUS were to reject the Writ of Centori from the Utah AG, that's it. The case is over. Utah would then start issuing SSCM Licenses because the District Court ruling would be the final decision in the case. No action would be needed from the 10th Circuit Court because they didn't issue a stay to Utah.
On the other hand Oklahoma wouldn't be impacted by that rejection since the 10th stayed the decision pending Oklahoma's appeal to the SCOTUS. If Oklahoma decides not to proceed with an appeal or if Oklahoma submits a Writ of Centori and that writ is rejected by the SCOTUS - then marriage can't automatically start in Oklahoma. The 10th Circuit would be required to lift it's stay first, but since the 10th's stay for Oklahoma was to provide for an appeal to the SCOTUS if the SCOTUS rejects it then it becomes a paperwork shuffle for the 10th to lift it's stay.
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Now, again unlikely, but if the SCOTUS rejects the Utah and Oklahoma appeals and the 10th lift's it's stay in Oklahoma then the 10th Circuit Court's decisions in the Utah and Oklahoma cases become binding precedent on lower District Court's within it's jurisdiction.
In Wyoming, Kansas, and Colorado same sex couples in those states would have legal precedence to challenge those states bans. BUt there are already cases working in the system in each one of those states, so now it's just a matter of timing as to whether those cases are resolved at either the Federal District or State Supreme Court levels and either accepted (by those with standing to appeal) or are appealed for further 10th Circuit Court review and ultimately SCOTUS appeal.
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