Utah, 14 other states file brief supporting same-sex marriage bans

SALT LAKE CITY – Though same-sex marriage has been declared legal in the state, Utah joined 14 other states in filing a “friends of the court” brief asking the Supreme Court to uphold same-sex marriage bans. They argue the decision should be left to the states.

The briefs are being filed in support of cases from Ohio, Kentucky, Michigan and Tennessee that the Supreme Court has agreed to hear. Unlike other states that had their same-sex marriage bans struck down, these states had their bans upheld by the U.S. 6th Circuit Court.

In addition to Utah, the other states listed on the brief are Louisiana, Texas, Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Montana, Nebraska, North Dakota, South Dakota, Oklahoma and West Virginia.

The high court declined to hear Utah’s own case against same-sex marriage in October 2014, subsequently upholding a lower court ruling that struck down Amendment 3, the state’s voter-approved same-sex marriage ban, as unconstitutional in December 2013.

The Supreme Court will hear arguments April 28. A final ruling could be expected by late June.

Two specific questions to be considered by the Supreme Count include:

  • Does a state have the right to ban same-sex marriage?
  • Does a state have to recognize a same-sex marriage done in another state?

The following is an excerpt from the friends of the court, or amici curiae, brief, asking the court to uphold the same-sex marriage bans:

These cases ask whether States and their citizens may continue to govern themselves on this issue. The plaintiffs, and even some States, assert that the Fourteenth Amendment removes same-sex marriage from democratic deliberation

They urge the Court to declare that the Constitution compels all fifty States to adopt this new form of marriage that did not exist in a single State twelve years ago. The Court should decline that invitation. The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the “formation of consensus” at the state level.

To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

As reported by Fox 13 News in March, former Utah Gov. Jon Huntsman, Jr., along with Salt Lake City Mayor Ralph Becker and Park City Mayor Jack Thomas, joined other mayors from across the nation in filing amicus briefs in favor of same-sex marriage.


See the brief filed on Scribd by Fox 13 News here: Utah amicus in U.S. Supreme Court same-sex marriage case

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Twitter: @MoriKessler

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  • ladybugavenger April 4, 2015 at 7:55 pm

    Is the day coming where the world will believe opposite sex marriage is taboo???

  • native born new mexican April 4, 2015 at 9:16 pm

    I am happy to see the church continuing on this path. All the popular opinions in the world can not make wrong, right and right, wrong. Truth will win in the end because it is the truth. We are created by an all powerful God as men and women with different roles and responsibilities in life. I do not, absolutely do not think men are better than women. I have know plenty of rotten men in my life. That does not changed my opinion of the role of men and women. It has only made me disgusted with and disrespectful of these men as individuals. I have known plenty of rotten women in my life also. I say the same thing about them. I am grateful for my father and grandfathers. I needed their manly influence in my life and I thank them for that. I am grateful for my mother and grandmothers. They were good loving women. They played their mothering and nurturing role in my childhood perfectly. I am grateful for the women teachers I had through my school years who also did this for me. Thank you to the men in my life for being men and thank you to the women in my life for being women. Thank you dad for marrying mom and staying with her for her life time. Thank you to grandfather and grandmother for doing the same . My growing up years were stable and healthy because of all of you great men and women. I love you for it.

    • Free Parking April 5, 2015 at 11:14 am

      Ha ha ha ha ha. The Truth.! LOL.!

    • ladybugavenger April 5, 2015 at 11:42 am

      But this world will believe right is wrong and wrong is right….its already happening and it will get worse….by the way, Happy Easter!!!! P.S. there is no easter bunny ( its a lie)

    • Debbie April 5, 2015 at 1:11 pm

      Native Born New Mexican, I commend you for your comments, as you have taken the words right out of my mouth and I’m quite sure afew others! Unless those who can relate need not judge.

    • izzymuse April 6, 2015 at 9:08 am

      I have no problem with any church teaching its morals, doctrine, and whatever they value as long as other citizens who do not share the same beliefs or values have the right NOT to agree. The main question I ask: where does government (local, state, or federal) get the authority to decide who can or cannot have relationships of any kind? Separation of church and state is what makes America so unique and great. What if the majority of Utah were Muslims who wanted to rule by Sharia?
      One thing people need to understand is the proper role of government. As long as an individual is NOT forcing another to do things that she or he does not consent to do, as long as consenting adults are involved, why should government be involved at all?
      Of course underage individuals, children, animals, and people who are unable to protect themselves should be protected by community and government, BUT no one is being forced to have gay sex.
      Why is government the authority on deciding who can or cannot be married? The government derives its authority from us, the people. Do I have the authority to go to my neighbors home and force them (and yes it is force when it’s a law. When laws are broken, people have guns put to their heads, put in prison, and are punished – that’s what happens when things are enforced by law) to NOT be homosexual? That would be absurd! BUT we are expecting the government to do something for us that we do not have the right to do as individuals. The USA is based on individual liberty and rights – as long as t he “harm principle” is not violated.
      Utah and other states who want to legislate their morals on others, bully government, is blind to its own inconsistent politics. Solution: take government out of marriage, make needed reforms to tax laws and insurance policies, etc., but legislating morality is NOT the answer. Those who want the “right to bear arms” (sacred personal freedoms) need to be consistent with other personal freedoms and rights of others.

      • fun bag April 6, 2015 at 2:38 pm

        “BUT no one is being forced to have gay sex.”

        LOL, guess u just killed ur best excuse then…

      • ladybugavenger April 6, 2015 at 10:17 pm

        I have a problem with a church of Jesus Christ teaching there kids to believe in Santa Claus and the easter bunny…truly contradictive…hear the truth while I tell you a lie. Huh???? Where’s Jesus in that? Oh ya, Jesus is only in the name of a church not in the church…..its polygamist Joe their prophet that they worship. So hey, maybe the easter bunny and Santa Claus could get married now? And evolution teaches the lie that we come from apes, so go marry your monkey ape! You have a right!

        • ladybugavenger April 6, 2015 at 10:40 pm

          Thank you fun bag for the monkey reference 😉 and free parking for your pizza comment….now go eat pizza with a monkey while he drives you safely to your destination in a cab!

  • BIG GUY April 5, 2015 at 5:09 am

    To be logically consistent, those supporting same sex marriage must also support polygamy (between consenting adults age 18 and older) and polyandry. Those who believe government has no place preventing citizens from marrying whomever they love, logically must oppose laws that prevent marriage between close relatives (brothers, sisters, first cousins, uncles, aunts, etc.)

  • munchie April 5, 2015 at 9:44 pm

    If two people love each other and want to be married then let them be married. Why should anybody else have a say in it?

    • maggie April 5, 2015 at 10:59 pm

      “Why should anybody else have a say in it ( same sex or multiple spouse marriages)?”
      Because it impacts all of society. Others have said it will not stop with these two types of marriage. At what point is changing the definition of marriage to ,between entities that love each other, become destructive to family and that society ?

  • fun bag April 6, 2015 at 2:36 pm

    If lesbians and gays can marry. A person should be able to marry a monkey too. Because monkeys are people too!

    • Free Parking April 6, 2015 at 6:49 pm

      Monkey’s make good cab drivers and they know where all the good pizza joints are

  • ladybugavenger April 6, 2015 at 5:58 pm

    What about the dog lovers, shouldn’t they be able to marry their best friend?

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