Utah officials will appeal to the U.S. Supreme Court a lower-court ruling allowing same-sex marriage in the state , the state attorney general 's office said Thursday . Newly appointed Utah Attorney General Sean Reyes will seek a stay of the federal judge 's ruling after state officials consult first with outside attorneys over the next few days . `` It is the intent of the Attorney General 's Office to file with the Supreme Court as soon as possible , '' the attorney general 's office said in a statement . The emergency appeal , when filed , would go to Justice Sonia Sotomayor because she has jurisdiction over appeals from Utah and nearby states . She could rule on the state 's application herself or ask the entire nine-member court to weigh in . Sotomayor is likely to refer the Utah request to the entire court , as is tradition with high-profile traditional cases , said Carl Tobias , a professor of constitutional law at the University of Richmond . The Utah announcement comes two days after state officials lost their case in a federal appeals court , which said the state 's request for a stay was n't warranted and ordered the appeal process be expedited . The appeals court 's ruling allows same-sex marriages to continue in Utah while appeals continue . Last week , U.S. District Judge Robert J. Shelby struck down Utah 's ban on same-sex marriage , saying the law `` conflicts with the United States Constitution 's guarantees of equal protection and due process under the law . '' Utah voters approved a law banning same-sex marriage in 2004 . Judge Shelby 's ruling drew national attention partly because Utah is viewed as among the more conservative states and because the U.S. Supreme Court just ruled this summer on same-sex marriage . In June , the nation 's highest court cleared the way for same-sex marriages in California to resume after it ruled private parties did not have `` standing '' to defend California 's voter-approved ballot measure barring gay and lesbian couples from state-sanctioned wedlock . The U.S. Supreme Court also rejected parts of the federal Defense of Marriage Act ( DOMA ) in a 5-4 decision , dismissing an appeal over same-sex marriage on jurisdictional grounds and ruling same-sex spouses legally married in a state may receive federal benefits . In the Utah case , the state argues that the `` federal district court 's ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit '' Court of Appeals , the attorney general 's office said . The federal judge 's ruling , nonetheless , prompted a rush of same-sex couples to courthouses in Utah where they obtained marriage licenses , despite the state 's ongoing legal challenge . Some jurisdictions such as Piute and San Juan Counties are issuing marriage licenses to same-sex couples , but there have n't been requests for them there , officials said . Utah Gov . Gary R. Herbert has criticized Judge Shelby 's ruling of last week , calling him `` an activist federal judge . '' Shelby said the state 's `` current laws deny its gay and lesbian citizens their fundamental right to marry and , in so doing , demean the dignity of these same-sex couples for no rational reason . `` Accordingly , the court finds that these laws are unconstitutional , '' the judge said . Same-sex marriage is banned by constitutional amendment or state law in : Alabama , Alaska , Arizona , Arkansas , Colorado , Florida , Georgia , Idaho , Indiana , Kansas , Kentucky , Louisiana , Michigan , Mississippi , Missouri , Montana , Nebraska , Nevada , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , South Carolina , South Dakota , Tennessee , Texas , Virginia , West Virginia , Wisconsin and Wyoming . It is legal in 17 other U.S states and the District of Columbia : California , Connecticut , Delaware , Hawaii , Illinois , Iowa , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont and Washington .
Sotomayor is likely to refer Utah request to entire court , expert says . Utah attorney general will appeal a lower-court ruling to nation 's highest court . Comment: A lower federal court struck down Utah 's ban on same-sex marriage .