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READ IT HERE: Plaintiffs’ brief in Utah marriage equality case

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The plaintiffs in the Tenth Circuit appeal in the challenge to Utah’s same-sex marriage ban have filed their answering brief, which is here. The state’s opening brief was filed earlier this month. The brief was written by the original attorneys who filed the case in district court, Magleby & Greenwood PC, along with attorneys from the National Center for Lesbian Rights (NCLR), who joined the legal team after the appeal to the Tenth Circuit.

The brief is here, via Kathleen Perrin and Equality Case Files:

13-4178 Plaintiffs' Answering Brief by Equality Case Files

The case will be argued on April 10.

For more information on Kitchen v. Herbert from The Civil Rights Litigation Clearinghouse, click here.


  • 1. Josh  |  February 26, 2014 at 5:11 pm

    AZ gov. Brewer vetoes pro-discrimination bill!! Yay!!

  • 2. Kevin P  |  February 26, 2014 at 5:15 pm

    And the state of Utah has already asked for more time to reply. So much for the expedited briefing.

  • 3. JimT  |  February 26, 2014 at 5:23 pm

    Since the case is set to be argued on April 10, I wonder if the court will grant them more time. It seems to me that maybe their request is more about delaying.

  • 4. Rick O.  |  February 27, 2014 at 5:56 am

    Wonder if they're hoping for some good news out of Michigan, specifically that Judge Friedman does NOT totally trash Regnerus.

  • 5. grod  |  February 26, 2014 at 9:36 pm

    Jim: Given the Bishop v Smith is on a parallel track to be heard, what's the advantage of delay for the state?

  • 6. Eric  |  February 27, 2014 at 10:31 am

    Any denial of a fundamental right for any amount of time is an irreparable harm, the State desires to inflict that harm for as long as possible.

  • 7. palerobber  |  February 27, 2014 at 11:18 am

    the thing that most interested me about this brief was the way they used the state's own claimed interest in gender-differentiated parenting to support their argument for heightened scrutiny due to gender based classification. has this been attempted before?

    see Argument V. in the brief. some sample passages…

    "Amendment 3 also warrants heightened scrutiny under the Equal Protection Clause because it classifies based on gender and impermissibly seeks to impose gender-based expectations and stereotypes about the “proper” role of men and women."

    "In contrast to the State’s emphasis on gender-differentiated roles of parents, the Supreme Court’s gender discrimination cases have focused on the importance of the law generally treating mothers and fathers equally."

    "The exclusion of same-sex couples from marriage stands as a lonely remnant of an otherwise bygone era in which the law defined the rights and duties of spouses based on gender, and in which the law presumed women to be legally, socially, and financially dependent upon men."

  • 8. Equality On TrialREAD IT &hellip  |  August 7, 2014 at 12:42 am

    […] The opening brief, filed by the state of Utah, is here. The plaintiffs’ brief is here. […]

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