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Three Couples Sue To Bring Down Utah’s Same-Sex Marriage Ban

Flag_of_Utah.svgThree couples have sued in Federal court seeking the right to marry in the state of Utah. Two couples seek to overturn Amendment 3 which bars same-sex marriage in the state of Utah claiming that it violates the constitutional protections under due process and equal protection clauses of the 14th Amendment. The third couple is seeking to have their marriage recognized by Utah. They were married in Iowa.

Derek Kitchen and Moudi Sbiety are joined by Laurie Wood and Kody Partridge in challenging Amendment 3 on the grounds that it violates the 14th Amendment. Karen Archer and Kate Call are suing claiming that Amendment 3 and the Defense of Marriage Act violate the Full Faith and Credit Clause of the US Constitution.

The first lawsuit may hinge on the outcome of Hollingsworth v. Perry, the case seeking to overturn California’s Prop 8. The second suit would likely be built on the case Loving v. Virginia which found that someone who is married in one state remains married if they move or travel to another.

Matt Spencer of Restore Our Humanity stated that
“This is a Utah issue, period. It’s so great to see what’s happening around the country and there is much movement and energy behind this movement.”

Little else has been released regarding the suits.

The United States Supreme Court recently took up two marriage equality cases. In questioning, Justice Anthony Kennedy signaled reluctance to open same-sex marriage across the country by overturning Prop 8 on broad reasoning; and the case looking into the Defense of Marriage Act is limited to Federal recognition of same-sex marriage. The Archer-Call case could put the final end to DOMA after it makes its way through the lesser courts.  This case has a strong likelihood of actually succeeding in completely overturning DOMA and making same-sex marriage legal across the nation.

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5 Responses to Three Couples Sue To Bring Down Utah’s Same-Sex Marriage Ban

  1. Pingback: YORKTOWN TRADING POST » 2nd GOP Senator, Kirk of Illinois, comes out for gay marriage – AMERICAblog (blog)

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  3. Herald

    April 1, 2013 at 11:07 pm

    We will see many more suits like this unless SCOTUS issues a sweeping ruling. (Personally, I would love SCOTUS to do that so my son and anyone else who wants to could get married anywhere in this country!) If that does not happen I look forward to seeing a suit like this one prevail and settle the issue.

  4. Elizabeth Johson

    April 1, 2013 at 7:37 pm

    Do any of these couples go to a church? If so, does their church condone and or back, support wish to or performs gay marriages?

    If they do and their church supports, backs and performs or wants to perform marriages. Then their suit should be or include violation of the First amendment violation of their Freedom of religion. Utah is basically a Mormon state and belief is BIG factor. They believe in the Jesus “Plan of Salvation” and one of the KEY position is our “AGENCY or FREE AGENCY” That we ALL have the RGHT to CHOOSE “When, What, Where, and How we believe” In so accepting Jesus you also accept his plan of salvation. It said that anyone who interferes with someone’s agency is doomed. So having a law banning Same Sex Marriage is in fact blocking someone’s agency and forcing people to believe as they do and a violation not only their Freedom of Religion, but of the “Doctrine of Separation of Church and state. As there is not to be any law passed that sets one religion above another.

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