SALT LAKE CITY – Utah refuses to give up on banning same-sex marriages.
The Utah Attorney General’s Office today filed a petition for certiorari with the United States Supreme Court, requesting review of Kitchen v. Herbert, the recent Tenth Circuit decision striking down Utah’s ban on same-sex marriage.
“My responsibility is to defend the State Constitution and its amendments as Utah citizens have enacted them,” said Utah Attorney General Sean Reyes. “We recognize this litigation has caused uncertainty and disruption and have accordingly tried to expedite its resolution as quickly as possible by filing our petition a full month-and-a-half before its September 23rd due date. Utah welcomes a speedy grant of the petition and a Supreme Court merits decision, as all Utah citizens will benefit when the Supreme Court provides clear finality on the important issue of state authority to define marriage.”
After the 10th Circuit U.S. District court decision was issued December 20th, some same-sex couples availed themselves of the opportunity to marry and to the status granted by the state to married persons. Utah complied with the ruling until the U.S Supreme Court issued a stay on the district court ruling, which found Utah’s ban on same-sex marriage to be unconstitutional. The stay effectively put a hold on the decision of the district court.
With the district court injunction stayed, the original laws governing marriage in Utah returned to effect pending final resolution by the courts. A final ruling by the U.S. Supreme Court may put the issue to rest. According to the Washington Post, proponents of same-sex marriage are “encouraged by a string of 35 consecutive legal victories since the Supreme Court granted federal recognition to same-sex married couples last summer.”
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