Utah Gay Marriage Appeal

The United States Court of Appeals for the Tenth Circuit heard oral argument in the Utah freedom to marry case, Kitchen v. Herbert, in Denver today. This was the first federal appellate court hearing in a freedom to marry case since the United States Supreme Court ruled in June 2013 that the federal government must recognize the marriages of gay & lesbian couples. The case was brought by Utah couples Derek Kitchen & Moudi Sbeity, Laurie Wood & Kody Partridge, & Karen Archer & Kate Call. On December 20th, 2013, U.S. District Court Judge Robert J. Shelby ruled that Utah’s laws denying gay & lesbian couples the freedom to marry violate the U.S. Constitution’s guarantees of equal protection & due process of law. More than 1,000 gay & lesbian couples married in Utah in the days following the ruling. Utah appealed the ruling to the Tenth Circuit. The couples are represented by the Salt Lake City law firm of Magleby & Greenwood, P.C. & by the National Center for Lesbian Rights (NCLR). Peggy Tomsic of Magleby & Greenwood presented oral argument on behalf of the plaintiff couples today. Tomsic stated, “We are grateful that the Tenth Circuit has moved quickly in handling this appeal, which affects thousands of families in Utah who seek equal dignity & full legal recognition of their families. We are confident that the judges will give this important case the consideration it deserves & we look forward to the court’s decision.” NCLR Executive Director Kate Kendell stated: “As a Utah native, today was a proud moment as Utah residents poignantly brought their families’ stories to a federal appeals court & made a basic request for equal treatment under our nation’s Constitution. We are optimistic the court will agree that excluding gay & lesbian couples from the right to marry causes harm & allowing couples to marry strengthens families & hurts no one.” Updates to Come...:)
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