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Leading LGBT legal organization to join Utah marriage case as co-counsel

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Noted LGBT legal organization National Center for Lesbian Rights (NCLR) will be joining as co-counsel for the plaintiffs in Kitchen v. Herbert, the challenge to Utah’s same-sex marriage ban. A text entry in the docket for the Tenth Circuit appeal reported the appearance of NCLR attorneys Shannon Minter and Kate Kendell: “Notice of appearance filed by Mr. Shannon Price Minter and Ms. Kathryn Kendell for Laurie Wood, Moudi Sbeity, Kody Partridge, Derek Kitchen, Kate Call and Karen Archer.”

The case was filed initially by a Utah firm without assistance from noted LGBT legal groups.

Minter confirmed the group’s involvement in the case via email earlier this morning: “[W]e are thrilled to be joining Peggy Tomsic and her team at Magleby|Greenwood P.C. in this historic litigation. The case is especially meaningful to our Executive Director, who grew up in Utah, and whose daughter and her partner were among the hundreds of same-sex couples who recently married there.”

Currently, the Utah case is on appeal, and the opening brief will be filed on January 27 at the Tenth Circuit Court of Appeals. The case is proceeding on an expedited track, with briefing expected to be concluded by February 25. This morning, EqualityOnTrial reported that the state will now likely only have 13 days to file its opening brief: they are seeking outside counsel to work on the marriage case, and last night the deadline for submitting requests for proposals was extended to January 14.

NCLR was involved in the case that led to the California’s Supreme Court declaring a right to marriage equality, as well as challenges to Prop 8. They filed amicus curiae (“friend of the court”) briefs in the Perry and Windsor cases as well. They’re currently litigating a challenge to Tennessee’s same-sex marriage ban.

The Utah case has the potential to reach the Supreme Court in a year, and could lead to bans on same-sex marriage being invalidated across the country.

Help us travel to Denver this spring to cover oral arguments in the Utah marriage equality case. You won’t regret it, and you can help EqualityOnTrial be a part of history in the making. Please consider making a tax-deductible donation to EqualityOnTrial in the new year to help us continue this mission–any amount helps!


  • 1. jpmassar  |  January 8, 2014 at 9:46 am

    RUH ROH!!

    Eric Ethington ‏@EricEthington 21m
    BREAKING: Utah Governor says state Will NOT recognize 1,360 same-sex couples already married. #utpol #LGBT

  • 2. Steve  |  January 8, 2014 at 10:25 am

    They'll need to ask the Mormon church for a lot more money.

  • 3. NCLR Joins Utah Marriage &hellip  |  January 8, 2014 at 3:59 pm

    […] Equality On Trial: Noted LGBT legal organization National Center for Lesbian Rights (NCLR) will be joining as […]

  • 4. Policy and Legal Update &&hellip  |  January 19, 2014 at 10:24 pm

    […] UTAH  •  On 8 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, National Center for Lesbian Rights (NCLR) joined as co-counsel for the plaintiffs.  •  MEUSA Summary  •  News Source […]

  • 5. Equality On TrialNCLR fil&hellip  |  January 22, 2014 at 9:19 am

    […] recently joined the challenge to Utah’s same-sex marriage ban, now on appeal to the Tenth Circuit Court of Appeals. They […]

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