Utah to appeal directly to Supreme Court in same-sex marriage fight

SALT LAKE CITY – The Utah Attorney General’s Office announced Wednesday it will take the fight to preserve Amendment 3, Utah’s same-sex marriage ban, to the U.S. Supreme Court.

The attorney general’s office released a statement Wednesday that it will not seek a review of the case before the full 10th Circuit Court of Appeals. Instead, it will go directly to the Supreme Court in order to challenge the 2-1 ruling made by a panel of federal district judges on June 25 that upheld the original ruling, which struck down Utah’s same-sex marriage ban in December 2013.

According to the statement, the attorney general’s office will filing a petition to the Supreme Court over the matter in the coming weeks so that the state may ultimately “obtain clarity and resolution from the highest court” on the matter.

The June 25 ruling backed the argument that Utah’s same-sex marriage ban violated the 14th Amendment and is, thus, unconstitutional.

A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union,” the judges wrote in the ruling.

Amendment 3 was originally struck down as unconstitutional by federal district Judge Robert Shelby on Dec. 20, 2013. Before a stay was placed on the ruling by the Supreme Court  on Jan 6, 2014, more than 1,200 same-sex couples were married in Utah.

Amendment 3 originally became state law in 2004 after passing with a voter majority at the time.

“Attorney General Reyes has a sworn duty to defend the laws of our state,” the statement from the attorney general’s office said.

Since Dec. 20, same-sex marriage bans in other states have also been struck down by federal judges.

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Email: mkessler@stgnews.com

Twitter: @MoriKessler

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9 Comments

  • Ryan July 9, 2014 at 2:37 pm

    Well, I guess it’s a good thing we don’t have other things to worry about. I am glad to see our officials wisely using resources to keep people from doing anything outside of what they may consider the ordinary. /S

  • Jen Lindley July 9, 2014 at 3:03 pm

    Three points:
    1.) The church is fighting a losing battle and they know it.
    2.) This whole thing has been a huge waste of taxpayer funds, funds that could have gone to things like education, social services, transportation, tourism, public parks, etc.
    3.) I just hope that when the day comes and the justices hand down the decision for equality that ole’ Herbie doesn’t embarrass himself and his constituents by standing in front of some county clerks office giving a speech about how much he hates the ruling and gay people in general.

  • Utah Agenda July 9, 2014 at 6:34 pm

    Utah must be the weirdest state in the country with the way people defend their agendas, which, everyone knows, is nothing but religion based. You either agree with the religion or don’t agree with the religion that dominates Utah. Those who agree with the religion only know what the religion tells them to think. Those who demonstrate opinions opposing the religion only do so because they disagree with the religion telling them what to do. Meanwhile, the rest of the world enjoys a normal life.

  • SSfreeze July 9, 2014 at 7:17 pm

    If they take away the tax exempt status of these institutions that discriminate against these folks I bet they would change their positions. A vision would be had and all would be right with the world. Don’t take away our tax exempt status.

  • St. George Resident July 9, 2014 at 8:06 pm

    “I have certain religious beliefs. So you can’t do that.”

    That’s all this pissing in the wind amounts to.
    You have religious beliefs? Whoop-tee-do. Then I suggest YOU follow them, rather than telling OTHERS what they can and can’t do.

  • HUMMYNBYRD July 9, 2014 at 10:19 pm

    Give it up Utah….you can’t win this one. Let people be happy and live their lives, that’s all they want and it should be their right to do so.

  • Dana July 10, 2014 at 5:40 am

    Every taxpayer in the state of Utah can wave good bye to their tax $$$$. There are more important issues that can use those dollars beginning with education. Future generations will look back and ask what was wrong with Herbie and his hand picked puppet.

  • Urah McQueery July 10, 2014 at 7:25 pm

    Are all you folks the same ones who wrote in thinking it was ok to have prostitutes in town.
    For JEN.
    1st not sure what church you are referring to, But it’s God that made the rules not a church.
    2nd ya don’t waste tax payers money, let’s give out more to the lazy, the drug addicts and illegals on the borders.
    3rd any of you worried about justices and mans opinion, I suggest you find God.
    Im sure Lott had to listen to the same answers, just before Soddom and Gemorah was burnt.

    • Jen Lindley July 11, 2014 at 4:26 am

      1.) Actually Urah it was a man who wrote the Book of Mormon, it was men who wrote the Bible. The bible wasn’t even written during Jesus’s time but 300 years after his death.

      2.) you’ve obviously never been in a situation where you needed those benefits you say “waste taxpayers money” so you have no room to talk there.

      3. ) I’m not worried about God or the ruling because I know two things:
      ~1 The state is going to lose in the Supreme Court and;
      ~2 After the ruling I’m pretty sure that Thomas Monson, I mean God, will have revelation that gay people need to be accepted as equals. At which point the church will deny that it ever did anything but love and accept gay people of who they are even if they did act on their same sex feelings.

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