August 5, 2014
As expected, Utah officials have filed a petition in the Supreme Court asking the Justices to review the Tenth Circuit’s decision in Kitchen v. Herbert.
The Utah case is the first same-sex marriage case to reach the Court after its decision last year in United States v. Windsor striking down Section 3 of the federal Defense of Marriage Act (DOMA).
The petition frames the issue as uniquely important, no matter the outcome: “It comes down to this: thousands of couples are unconstitutionally being denied marriage, or millions of voters are being disenfranchised of their vote to define marriage.”
“Either way,” the petition says, the Court should step in, and “this case is the proper vehicle to do so.”
Framed this way, the officials are able to make the argument that the case is worthy of Supreme Court review, and a momentous ruling would be handed down either way.
Defendants in two other marriage cases, from Virginia and Oklahoma, have promised to file petitions in the Supreme Court.
EqualityOnTrial is here in Cincinnati to cover the next set of marriage cases in the Sixth Circuit Court of Appeals. Tomorrow, the appeals court will hear six cases challenging same-sex marriage bans and non-recognition provisions from four states.
Thanks to Equality Case Files for these filings