Cache County Clerk’s office will be open Tuesday

“The Cache County Clerk’s office will be open Tuesday one way or another.” Those words from Cache County Attorney James Swink who has been in several meetings over the past few days sorting out the legal implications of <span class=”paragraph-0″>U.S. District Judge Robert J. Shelby’s ruling on Friday allowing same-sex marriages in Utah.</span>

<span class=”paragraph-0″>According to a press release issued Monday morning, the clerk’s office was closed “<span class=”paragraph-0”>to sort out the legal issues and confusion created in the wake of Judge Shelby’s ruling.”</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>”We anticipated a stay,” Swink said late Monday afternoon. He explained that the county didn’t want to start issuing licenses just to have to stop issuing soon after.</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>”Everything about this case has been unusual,” he continued. “It’s unusual the court wouldn’t issue a stay. It’s unusual the decision was issued late on a Friday afternoon. It came two weeks earlier than expected, and it came right before a holiday.”</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>While Swink said the Cache County Clerk’s office would be open Tuesday, it was not immediately clear whether or not County Clerk Jill Zollinger would be issuing marriage licenses to same-sex couples.</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>The county is still waiting on a decision from the 10th Circuit Court of Appeals. The State of Utah filed a request with the court to stay Judge Shelby’s decision. That ruling could be made as soon as Monday evening or Tuesday.</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>”If a stay is issued, it will be business as usual (Tuesday),” Swink said. “If it is not issued, we will follow the law and it will ultimately be (Zollinger’s) decision (whether or not to issue marriage licenses to same-sex couples).”</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>Swink voiced frustration over the entire process over the last couple of days, saying that Cache County has not been a party of the lawsuit or Judge Shelby’s decision.</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>”We’ve been learning about this stuff through the media. (Gary) Herbert, (John) Swallow and (Salt Lake County Clerk) Sherrie Swenson are named as defendants. No counties are listed so we haven’t been getting any official orders or communication.”</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>When asked about the possibility of being prosecuted for not issuing marriage licenses, Swink said his office had not received any court orders telling them they could be prosecuted.</span></span>

<span class=”paragraph-0″><span class=”paragraph-0″>The Cache County Clerk’s office will be only be open a half day Tuesday because of Christmas Eve. Office hours will be from 8 a.m. to 12 noon.</span></span>

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