Three 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.