''Kitchen v. Herbert'', 961
F.Supp.2d
The ''Federal Supplement'' ( is a case law reporter published by West Publishing in the United States that includes select opinions of the United States district courts since 1932, and is part of the National Reporter System. Although the ...
1181 (D. Utah 2013), ''affirmed'', 755
F.3d 1193 (10th Cir. 2014); ''stay granted'', 134
S.Ct. 893 (2014); ''petition for
certiorari denied'', No. 14-124, 2014
WL 3841263 (Oct. 6, 2014), is the federal case that successfully challenged
Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor
Gary R. Herbert
Gary Richard Herbert (born May 7, 1947) is an American politician who served as the 17th Governor of Utah from 2009 to 2021. A member of the Republican Party, he chaired the National Governors Association during the 2015–2016 cycle.
Herbert w ...
, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.
The
U.S. District Court for the District of Utah found the state's ban on same-sex marriage unconstitutional in December 2013. Its order that the state cease enforcing its ban took effect immediately. In January 2014, after stays had been denied by the District Court and the Tenth
Circuit
Circuit may refer to:
Science and technology
Electrical engineering
* Electrical circuit, a complete electrical network with a closed-loop giving a return path for current
** Analog circuit, uses continuous signal levels
** Balanced circu ...
, the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
granted a stay of the District Court's order pending consideration of the appeal by the
Tenth Circuit Court of Appeals
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Distri ...
.
In June 2014, the
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Dist ...
affirmed the decision of the district court, finding that Utah's ban on same-sex marriage was unconstitutional, but stayed their mandate pending petition to the Supreme Court.
On October 6, 2014, the Supreme Court denied the petition for review without comment and the Tenth Circuit lifted its stay, putting into effect its order ending Utah's enforcement of its same-sex marriage ban.
Background
On November 2, 2004,
Utah Constitutional Amendment 3
Utah Constitutional Amendment 3 was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other ...
, which defined
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
as a union exclusively between a man and woman passed by referendum and became part of the Utah State Constitution.
On June 26, 2013, in ''
United States v. Windsor
''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'', the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to
heterosexual
Heterosexuality is romantic attraction, sexual attraction or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" t ...
unions was unconstitutional under the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the
Fifth Amendment, striking down Section 3 of the
Defense of Marriage Act
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
(DOMA).
On March 25, 2013, attorneys from the Salt Lake City law firm Magleby & Greenwood filed a lawsuit in the
United States District Court for the District of Utah
The United States District Court for the District of Utah (in case citations, D. Utah) is the federal district court whose jurisdiction is the state of Utah. The court is based in Salt Lake City with another courtroom leased in thstate courtho ...
on behalf of three same-sex couples, including one already married in Iowa, seeking to declare Utah's prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The plaintiffs are
Derek Kitchen
Derek Kitchen (born August 30, 1988) is an American politician from Salt Lake City, Utah. He is a member of the Utah State Senate representing Utah's 2nd senate district, and formerly a Councilmember on the Salt Lake City Council representing C ...
and Moudi Sbeity; Laurie Wood and Kody Partridge; and Karen Archer and Kate Call. The court heard arguments on December 4. Peggy A. Tomsic argued for the plaintiffs. Phil Lott and Stan Purser, Assistant Attorneys General, represented the state.
District court
Ruling
On December 20, 2013, Judge
Robert J. Shelby
Robert James Shelby (born March 13, 1970) is an American attorney and judge serving as the Chief United States district judge of the United States District Court for the District of Utah.
Early life and education
Shelby was born in Fort Atkin ...
of the
U.S. District Court for Utah ruled in favor of the plaintiffs. He wrote:
States' rights vs. individual rights
The ruling stated that the US Supreme Court "has held that the Fourteenth Amendment requires that individual rights take precedence over states' rights where these two interests are in conflict," and that while Utah has the right to regulate marriage, "it must nevertheless do so in a way that does not infringe the constitutional rights of its citizens," citing ''
Loving v. Virginia'' and ''
United States v. Windsor
''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
''.
The court noted that while the state electorate had voted in a popular referendum on the issue, a person's fundamental rights may not be submitted to a vote, citing ''
W. Va. State Bd. of Educ. v. Barnette''.
''Baker v. Nelson'' not binding
''
Baker v. Nelson'' was a 1971 Minnesota Supreme Court decision that upheld the state's denial of a marriage license to a male couple. The U.S. Supreme Court dismissed the appeal in ''Baker'' "for want of a substantial federal question." Some courts have relied on this dismissal as precedent when considering challenges to same-sex marriage bans. The district court in Utah ruled that "a summary dismissal is not binding 'when doctrinal developments indicate otherwise, citing ''Hicks v. Miranda'' (1975). It noted that the Supreme Court recognized in ''
Romer v. Evans
''Romer v. Evans'', 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws.. It was the first Supreme Court case to address gay rights since ''Bowers v. Hardwick'' (1986),. when the C ...
''
[''Romer v. Evans'' was a U.S. Supreme Court case striking down a state constitutional amendment adopted by a referendum in Colorado. The amendment prohibited any statutory recognition of sexual orientation.] (1996) "that the Constitution protects individuals from discrimination on the basis of sexual orientation."
[2013 WL 6697874 at *8] The district court also held that the reasoning in ''United States v. Windsor'' is "highly relevant and is therefore a significant doctrinal development."
[
]
Due process
The ruling affirmed marriage as a well-established fundamental right and liberty protected by due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pe ...
under the Fourteenth Amendment. The court wrote that "the regulation of constitutionally protected decisions, such as ... whom personshall marry, must be predicated on legitimate state concerns other than disagreement with the choice the individual has made", quoting ''Hodgson v. Minnesota
''Hodgson v. Minnesota'', 497 U.S. 417 (1990), was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided ...
''. While Utah asserted that the plaintiffs were "still at liberty to marry a person of the opposite sex," the court held that for Utah to deny gays and lesbians the right to choose a same-sex spouse renders their fundamental right to marry meaningless.
The court held that requiring the ability to naturally reproduce as a qualification to marry "demeans the dignity ... of the many opposite-sex couples who are unable to reproduce or who choose not to have children. Under the State's reasoning, a post-menopausal woman or infertile man does not have a fundamental right to marry because she or he does not have the capacity to procreate."[2013 WL 6697874 at *15] The court affirmed a "constitutionally protected right not to procreate", citing '' Griswold v. Connecticut''.[ The court also held that same-sex marriage and interracial marriage, as held in ''Loving v. Virginia'', are not new rights but "simply manifestations of one right—the right to marry—applied to people with different sexual identities."][2013 WL 6697874 at *16] The court added that the Constitution allows different outcomes "when its principles operate on a new set of facts that were previously unknown". It quoted ''Lawrence v. Texas
''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non-procreative sexual activity (commonly referred to as sod ...
'': mes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.[
Because Utah's ban on same-sex marriage restricted a fundamental right, the court applied the test of ]strict scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
and found that Utah has not shown that the law is "narrowly tailored" to meet "a rational, much less a compelling, reason why the Plaintiffs should be denied their right to marry."
Equal protection
When a state violates equal protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...
by excluding a group from benefits, the court stated that it must find a rational connection to the state's legitimate interests in order to uphold the exclusion, citing ''Loving v. Virginia'' and several other cases. Utah cited its legitimate government interests to be: responsible procreation, optimal child-rearing, proceeding with caution, and preserving the traditional definition of marriage.
The court stated it "defies reason" to say that permitting same-sex couples to marry will "affect the number of opposite-sex couples who ... have children outside of marriage", citing ''Hollingsworth v. Perry
''Hollingsworth v. Perry'' was a series of United States federal court cases that re-legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that ...
''.[a similar 2010 federal district court ruling in California, now ''Hollingsworth v. Perry'' in the US Supreme Court] Regarding Utah's optimal, biological, and ideal goal of child-rearing, the court noted that "the State has presented no evidence that opposite-sex couples will base their decisions about having children on the ability of same-sex couples to marry" and quoted ''United States v. Windsor'', holding that " e law in question makes it even more difficult for the children f same-sex couples
F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''.
Hi ...
to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives" and that it "also brings financial harm" to them. The court held that proceeding with caution because of "unsupported fears and speculations" about gay marriage is not a permissible basis for treating gay people differently, adding that "the process of allowing same-sex marriage is straightforward and requires no change to state tax, divorce, or inheritance laws."
Regarding the preservation of tradition, the court held that " ither the antiquity of a practice nor the fact of steadfast legislative and judicial adherence to it through the centuries insulates it from constitutional attack," quoting ''Williams v. Illinois''. The court noted that the traditional view of marriage has in the past led to government enforcement of stereotypes about women and moral disapproval of interracial marriage, citing ''Lawrence v. Texas''.[2013 WL 6697874 at *27] That case rejected moral disapproval as a legitimate state interest, and Justice Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
, in his dissent, wrote that the majority's decision made it impossible to avoid same-sex marriage, because "preserving the traditional institution of marriage" is just a more pleasant way to describe "moral disapproval".[ The district court also noted that its decision to recognize gay marriages "expands religious freedom because some ... congregations in Utah desire to perform same-sex wedding and are now able to do so, while others may continue to define marriage for themselves.][
In summary, the court held that "the State was unable to articulate a specific connection between its prohibition of same-sex marriage and any of its stated legitimate interests. At most, the State asserted: 'We just simply don't know. The court did not find Utah's argument persuasive and ruled that the prohibition of same-sex marriage failed a ]rational basis review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendmen ...
.
=Higher levels of scrutiny
=
Citing ''Loving v. Virginia,'' the court argued for but did not feel the need to apply intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
In order to ...
on the basis of sex discrimination "because Amendment 3 fails under even the most deferential level of review." On the question of discrimination based on sexual orientation, the court was bound by Tenth Circuit precedent in ''Price-Cornelison v. Brooks'' that sexual orientation is not "a protected class, which would warrant heightened scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
In order t ...
". Regarding a test of careful consideration based on ''Louisville Gas & Elec. Co. v. Coleman'' and emphasized in ''United States v. Windsor'', the court held that "the avowed purpose and practical effect" of Utah's Amendment 3 was "to impose a disadvantage, a separate status, and so a stigma," but the court was unsure if that qualified as "discriminations of an unusual character" that would "especially ''require'' careful consideration." The court was wary of applying that test "in the absence of more explicit guidance" from the U.S. Supreme Court.
Conclusion
In the conclusion of the ruling, the Court found Utah's arguments "almost identical" to those Virginia made against interracial marriage in 1967 in ''Loving v. Virginia'';
Response
Governor Herbert stated, "I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah." The Church of Jesus Christ of Latter-day Saints
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ...
stated, "The Church has been consistent in its support of traditional marriage while teaching that all people should be treated with respect. This ruling by a district court will work its way through the judicial process. We continue to believe that voters in Utah did the right thing by providing clear direction in the state constitution that marriage should be between a man and a woman and we are hopeful that this view will be validated by a higher court."
Because the state's lawyers had not filed a motion for a stay in district court by the time of the ruling, some of Utah's county clerks began issuing marriage licenses immediately to same-sex couples. State Senator Jim Dabakis
Jim Dabakis is an American politician from Salt Lake City, Utah. While now a Republican for primary voting purposes, he served as a member of the Utah State Senate as a Democrat, where he represented the state's 2nd senate district.
Early lif ...
and his partner of 27 years were among the first same-sex couples to marry in the state. Several hundred people, gay and straight, crowded outside Salt Lake City and County Building
The Salt Lake City and County Building, usually called the "City-County Building", is the seat of government for Salt Lake City, Utah. The historic landmark formerly housed offices for Salt Lake County, Utah, Salt Lake County government as well, h ...
on the lawns of Washington Square on the night of December 23 to cheer and laugh and listen to band music and to speakers celebrating the state's first same-sex marriages. On December 24, the Governor ordered state agencies to comply with the ruling, and by December 26, all Utah counties were issuing marriage licenses to same-sex couples. Within a week of the ruling, Utah had issued about 900 marriage licenses to same-sex couples.
Following the ruling, the state filed both a notice of appeal with the Tenth Circuit and requests in both the District Court and the Tenth Circuit for emergency stays to stop additional marriage licenses from being issued. On December 22, the Tenth Circuit denied granting the stay motion before the district court could decide on its own stay. " he defendantsdo not seek a stay pending appeal, but rather a stay pending the district court's decision on their stay motion. But the appellate and local rules contemplate only a motion for stay pending appeal." On December 23, Judge Shelby denied a request to put the marriages on hold, allowing the state to continue to issue same-sex marriage licenses. On December 24, a two-judge panel of the Tenth Circuit Court again denied the state's request for a stay. The Utah's Attorney General's office ask the Supreme Court for a stay on December 31.
Justice Sonia Sotomayor
Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served sinc ...
, the Supreme Court's Circuit Justice
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
for the Tenth Circuit, referred the stay request to the full Supreme Court and on January 6, without noting any dissents by her colleagues, she issued the stay pending final disposition of the appeal by Tenth Circuit. The stay reinstated the ban on same-sex marriage, and Utah returned to its practice of treating married same-sex couples as if unmarried. On January 10, U.S. Attorney General Eric Holder
Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African Amer ...
announced that the federal government would recognize the marriages of same-sex couples who married in Utah between December 20, 2013, and January 6, 2014. The Utah State Tax Commission, an independent state agency, decided that married same-sex couples are eligible to file joint state income tax returns just as when filing their federal returns.
In response to Utah's decision to put its recognition of these marriage by same-sex couples "on hold", the ACLU filed '' Evans v. Herbert'' on January 21 in federal court on behalf of several same-sex couples married during the 17 days Shelby's decision was in effect. The plaintiffs were successful in district court but, after a series of appeals by the state, the district court's mandate ordering Utah to recognize these marriages was stayed by the U.S. Supreme Court. After the U.S. Supreme Court refused to hear ''Kitchen'', Utah officials asked the Tenth Circuit to dismiss its appeal in the case, ending its attempt to deny recognition to the December/January same-sex marriages. The District Court issued its order and permanent injunction in ''Evans v. Herbert'' on November 24, 2014.
Tenth Circuit Court of Appeals
The Tenth Circuit ordered the appeals process to be heard on an expedited basis and set a briefing schedule to be completed by February 25. Although the Tenth Circuit initially said that requests for delay were "very strongly discouraged," on January 21 it granted a time extension requested by the state of Utah, with the new briefing schedule to be completed by March 4. In a similar Oklahoma case being appealed to the Tenth Circuit, '' Bishop v. Oklahoma'', the appellant asked that court to hear the appeal on an expedited basis so that it could be heard together with ''Kitchen''.
The National Center for Lesbian Rights
The National Center for Lesbian Rights (NCLR) is a non-profit, public interest law firm in the United States that advocates for equitable public policies affecting the lesbian, gay, bisexual, and transgender (LGBT) community, provides free legal ...
joined the plaintiffs' legal team in January 2014. In February, lawyers who had represented the LGBT plaintiffs in the ''Windsor'' and ''Perry'' cases unsuccessfully sought to intervene. Mary Bonauto
Mary L. Bonauto (born June 8, 1961) is an American lawyer and civil rights advocate who has worked to eradicate discrimination based on sexual orientation and gender identity, and has been referred to by US Representative Barney Frank as "our Thu ...
of Gay & Lesbian Advocates & Defenders
GLBTQ Legal Advocates & Defenders (GLAD) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organization p ...
coordinated the amicus brief
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
s for the plaintiffs. The court received 27 amicus briefs for sides in both ''Kitchen'' and ''Bishop''. A group of Republican political figures headed by former U.S. Senators Alan Simpson of Wyoming and Nancy Kassebaum
Nancy Jo Kassebaum Baker (née Landon; born July 29, 1932) is an American politician who represented the State of Kansas in the United States Senate from 1978 to 1997. She is the daughter of Alf Landon, who was Governor of Kansas from 1933 to 19 ...
of Kansas filed a brief for the plaintiffs, as did a group of 46 companies including Starbucks, Pfizer, eBay, Facebook, Google and Levi Strauss.[ The ]LDS Church
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ...
, the U.S. Conference of Catholic Bishops
The United States Conference of Catholic Bishops (USCCB) is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops (NCCB) and United States Catholic Conference (US ...
, the Southern Baptist Convention
The Southern Baptist Convention (SBC) is a Christian denomination based in the United States. It is the world's largest Baptist denomination, and the largest Protestant and second-largest Christian denomination in the United States. The wo ...
, and the Lutheran Church–Missouri Synod
The Lutheran Church—Missouri Synod (LCMS), also known as the Missouri Synod, is a traditional, confessional Lutheran denomination in the United States. With 1.8 million members, it is the second-largest Lutheran body in the United States. The L ...
filed a joint brief in support of the state's position. A group of 15 attorneys general supported the plaintiffs, while a group of ten supported the state.[
The Tenth Circuit heard oral argument on April 10. On June 25, Tenth Circuit affirmed in a 2-1 decision the judgment of the district court but stayed its own mandate pending an anticipated appeal to the United States Supreme Court. The Court upheld the December 2013 decision by Judge Robert Shelby's that found Utah's Amendment 3, banning same-sex marriage, unconstitutional by stating:
Recognizing the right to marry as a fundamental right and employing the ]strict scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
standard of judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incom ...
, the court majority concluded:
On July 9, State Attorney General Sean Reyes' office said that it would not request an en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
hearing by the full Tenth Circuit and on August 5 filed a petition for certiorari with the Supreme Court. It presented a single question:
Plaintiffs' attorneys said they would support the state's request for consideration by the Supreme Court and filed a brief in support of the state's petition for certiorari on August 28, framing the question differently:
Neal Katyal
Neal Kumar Katyal (born March 12, 1970) is an American lawyer and academic. He is a partner at Hogan Lovells and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center. During the Obama administrati ...
, a former Justice Department official with extensive experience arguing before the Supreme Court, joined the plaintiffs' legal team in August.[
The Tenth Circuit's ruling is binding precedent for all federal courts in the states in its jurisdiction: ]Colorado
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
, Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to ...
, New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe, New Mexico, Santa Fe
, LargestCity = Albuquerque, New Mexico, Albuquerque
, LargestMetro = Albuquerque metropolitan area, Tiguex
, Offi ...
, Oklahoma, Wyoming
Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to the sou ...
, and Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
, of which all but New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe, New Mexico, Santa Fe
, LargestCity = Albuquerque, New Mexico, Albuquerque
, LargestMetro = Albuquerque metropolitan area, Tiguex
, Offi ...
banned same-sex marriage.
On October 6, 2014, the Supreme Court denied without comment the petitions for certiorari along with petitions from four other states. It allowed the ruling from the court of appeals to stand, effectively legalizing same-sex marriage in Utah. The Tenth Circuit promptly lifted its stay, immediately restraining Utah from enforcing its ban on same-sex marriage.
Aftermath
The Supreme Court's resolution of ''Kitchen'' and the invalidation of Utah's Amendment 3 prompted state legislators to propose new laws, including a constitutional amendment, to reaffirm the religious rights of churches and businesses. U.S. Senator Orrin Hatch
Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. sena ...
, a former member of the Senate Judiciary Committee, said: "You can't even begin to think of all the things the LGBT community can come up with to demand certain privileges and rights. So I think it's just the beginning of some very trying times for people who feel otherwise. And I think it's the beginning of trying times for folks who are gay."
See also
* Same-sex marriage in the Tenth Circuit
On June 25, 2014, the Tenth Circuit Court of Appeals upheld a ruling striking down Utah's same-sex marriage ban, setting a precedent in other states under the Tenth Circuit's jurisdiction. In addition, on July 18, 2014, the same panel of the Tenth ...
* Same-sex marriage in Utah
* LGBT rights in Utah
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially ...
* Same-sex marriage in the United States
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each ...
* '' Bishop v. Oklahoma''
Notes
References
External links
Initial Complaint
ACLU amicus
State's response
August 26
Transcript of Hearing
August 27
Plaintiff's motion for summary judgement
October 11
District Court ruling
December 20
Denial of emergency motion for temporary stay "pending the district court's decision on their stay motion" from Tenth Circuit Court of Appeals
December 22
Denial of both stay and temporary stay from the district court
Denial of both emergency stay pending appeal and temporary stay from Tenth Circuit
U.S. Supreme Court order re: stay
Tenth Circuit ruling
{{Webarchive, url=https://web.archive.org/web/20141221234614/http://www.ca10.uscourts.gov/opinions/13/13-4178.pdf , date=December 21, 2014 , June 25
Supreme Court order denying certiorari, p. 39
Oct 6
Tenth Circuit order
Oct 6, 2014
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical th ...
2013 in LGBT history
Legal history of Utah
United States same-sex union case law