U.S. Supreme Court to consider Utah same-sex marriage case Sept. 29

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SALT LAKE CITY — The U.S. Supreme Court has indicated it will take up Utah’s same-sex marriage case on Sept. 29, which could decide the issue for the rest of the nation.

On the docket for the case Kitchen v. Herbert, the U.S. Supreme Court set Sept. 29 for a conference on the case, alongside those of other states litigating same-sex marriage bans.

From the U.S. Supreme Court docket:

SCOTUS docket

The decision was announced the same day Utah filed its final brief in the case, insisting it was “the best vehicle available for resolving the question presented.”

“As Utah’s top-ranking executive and law-enforcement officials, the Governor and Attorney General are best positioned to articulate the state’s interest, unlike ministerial state actors with no independent authority to speak on the state’s behalf or duty to represent all of its residents,” the state wrote.

Read the filing here:

In a statement to FOX 13, lawyers for the three gay couples suing Utah over its marriage ban agreed.

“It is time to end the legal bans that keep committed couples from standing up and making the unique pledges of marriage to each other—pledges that would allow their families protection and security everywhere in this country,” said Mary Bonauto, the lawyer for Gay & Lesbian Advocates and Defenders, who is part of the legal team for the plaintiffs.


Utah is asking the nation’s top court to hear its appeal of two courts’ opinions overturning Amendment 3, which defines marriage as between a man and a woman and doesn’t recognize anything else. Last year, a federal judge declared it unconstitutional, ruling it violated gay and lesbian couples’ rights to equal protection under the U.S. Constitution.

The 10th U.S. Circuit Court of Appeals also ruled Amendment 3 unconstitutional.



  • Angry Miss

    I am so sick of this dragging on. Come on utah pull your head out of your hind end and realize that not giving people the RIGHT to love is cruel. EQUALITY you uptight religious JERKS!!!!

      • Kevin JK

        50 years ago in the South, Blacks got equal rights…the water from “Blacks Only” drinking fountains was just as cold, clean and clear as the water from the “Whites Only” ones. Why should the Blacks complain? They got equal benefits.

    • bob

      The people you claim to speak for, “angry miss”, have repeatedly said that they WANT Utah to take this all the way because it’s the only way to resolve the issue.

    • trollasaurus

      It’s not just religious folk…Many scientists like myself are against this movement. You are NOT born that way, you choose (or are influenced) to be such. This choice is a weakness in our species, it is a deviation.

  • Trish Ramirez

    Sad. I was really hoping that the Supreme Court would refuse to hear this case so that the STATE Supreme court’s ruling would stand, effectively backing the Supreme Court’s previous LGBT marriage ruling stating that the State’s had the final say. Sigh. Hopefully they are very clear this time tha.t the individual State’s SUPREME COURTS have the final say, as private citizens have no legal standing to arbitrarily voting away the civil rights of their neighbors. Sad days that this is still carrying on and LGBT couples aren’t getting the relief they deserve

  • Cameron

    My religion teaches me that acting on homosexual behavior is sinful. So, with that said, even if marriage is redefined according to the U.S. law, I will continue to not recognize it. Love the sinner, hate the sin.

  • Michelle

    oh hey guess what….I definitely chose to have PEOPLE to look at me wrong, get bullied in jr high, lost my friends, my father disowning me and hide from being the best at work…or work at places that accepts me. Just because I CHOOSE to take the struggle. like life isnt hard enough.

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