405 South Main Street
suite 930
SLC, UT 84111

Utah Makes Final Plea For US Supreme Court To Hear Its Same-Sex Marriage Case

SALT LAKE CITY – On Wednesday, Utah made its last plea for the U.S. Supreme Court to hear its same-sex marriage case, saying it’s the best way to solve the problem nationwide and that the appellate court ruling is not right.

In a briefing, the Utah Attorney General’s Office said that the case gives a chance to review a state constitution and laws that define marriage as between a man and a woman and recognize only those marriages from couples in other states. It also said that Utah’s Amendment 3 is similar to the rules and laws in other states.

Utah asked the court to decide whether the 14th Amendment prevents states from defining marriage as only the legal union between a man and a woman. “Resolution of this issue will mark the end of marriage litigation,” according to the state.

The Supreme Court now has fully briefed same-sex marriage petitions from Utah, Oklahoma, Virginia, Indiana and Wisconsin. On 29th of September, the justices will gather to begin considering cases for the term beginning in October.

Utah claims that the 10th Circuit Court of Appeals made a mistake in ruling the problem is about the freedom of choice to marry. According to the state, “If a person’s choice is the only marriage limit, then virtually every line that the people have drawn around marriage must fall”. The state also said, “The right would also necessarily include nonexclusive marriages, as well as those of only limited duration, such as a five-year marriage with a renewal option”.

According to Utah, it has “numerous compelling reasons” for keeping the definition of marriage that has existed since the state was made. The state said that it will explain in detail that redefining marriage without regard to “sexual complementariness” changes the meaning of marriage and also causes harm to the society.

Under the law, it is believed that children are best reared by their married biological parents and where that’s not possible, a married mom and dad.

In a statement, Freedom to Marry President Evan Wolfson said, “Utah’s brief to the Supreme Court gets at least one point exactly right: The freedom to marry is a matter of ‘immense national importance and deserves to be heard as quickly as possible by America’s highest court”. According to Wolfson, a large number of families living in Utah and throughout the country are being harmed by “indefensible marriage discrimination” and it’s time for the Supreme Court to reach a national resolution by taking the decision for one or more of the pending cases.

In federal court, Derek Kitchen and MoudiSbeity, Laurie Wood and Kody Partridge, and Karen Archer and Kate Call challenged Utah’s ban on same-sex marriage. Archer and Call married in Iowa and claim Utah law prohibits them from being treated the same as heterosexual couples due to the reason that the state does not recognize their marriage.

Last December, U.S. District Judge Robert J. Shelby ruled that the ban violates equal protection guarantees in the 14th Amendment. The 10 Circuit Court declared the ruling in June.

The plaintiffs’ attorney, Peggy Tomsic, said the time has come for the Supreme Court to make the decision of the problem. “The state of Utah and the plaintiff couples agree that it is important the Supreme Court take this case and settle the constitutional questions at stake, questions that matter so much to the families we represent and to so many others across the country”.

Proponents and opponents of same-sex marriage, in which The Church of Jesus Christ of Latter-day Saints, filed friend-of-the-court briefs are included, are urged the court to take Utah’s case last week.

News Source: www.DeseretNews.com

Share this Article


About the Author

The attorneys at The Salt Lake Lawyers are known to provide excellent legal services for all kinds of family law, criminal, civil or business matter throughout Utah.