Unfortiunately this does not come as a surprise. Utah will appeal the federal court ruling that would require it to recognize the 1,000+ marriages performed after a judge invalidated the state's ban on marriage equality, reports the Salt Lake Tribune.
[Republican] Gov. Gary Herbert and state Attorney General Sean Reyes on Wednesday filed a notice in federal court that it would appeal U.S. District Judge Dale A. Kimball’s May order that the state must treat the same-sex marriages performed in December and January the same way it treats all opposite-sex marriages.
About 1,300 same-sex couples received marriage licenses during a 17-day window that opened Dec. 20, when U.S. District Judge Robert J. Shelby ruled the voter-approved ban on gay marriage to be unconstitutional, and closed when the state won a stay while appealing that ruling. A ruling on the ban itself is expected any day from the 10th Circuit Court of Appeals in Denver, where judges heard arguments in April on its constitutionality.
Before the U.S. Supreme Court granted a stay on the weddings Jan. 6, more than 1,000 same-sex couples had solemnized their marriages in formal ceremonies. State officials later said they would not acknowledge those marriages while its appeal on Shelby’s ruling was pending. But Kimball on May 19 ruled those marriages are binding, entitling those couples to the rights of marriage, such as inheritance, legal protection and child custody — even if the ban ultimately is found to be constitutional, Kimball ruled.
The federal government has recognized same-sex marriages since the landmark Windsor case of June 2013 that struck down Section Three of the Defense of Marriage Act—which prohibited federal recognition of legally married same-sex couples and denied more than 1,000 benefits, such as Social Security, pension benefits and preferential tax treatment.
Nineteen states—California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington—and the District of Columbia now allow same-sex marriage. Six Native American tribal jurisdictions also allow same-sex marriage.