Kitchen v. Herbert

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Kitchen v. Herbert
US-CourtOfAppeals-10thCircuit-Seal.png
Court United States Court of Appeals for the Tenth Circuit
Full case name Derek Kitchen, Moudi Sbeity, Karen Archer, Kate Call, Laurie Wood, and Kody Partridge vs. Gary R. Herbert, John Swallow, and Sherrie Swensen
Argued April 10, 2014
Decided June 25, 2014
Case history
Prior action(s)

Stay of judgment ordered, 134 S.Ct. 893 (2014)

Judgment for the plaintiff in district court, 961 F.Supp.2d 1181 (D. Utah 2013).

Amendment 3 of the Utah Constitution is found to violate 14th Amendment of the U.S. Constitution.
Case opinions
[1]
Court membership
Judge(s) sitting Judges Paul Joseph Kelly, Jr., Carlos F. Lucero, Jerome Holmes
Keywords
Utah Constitutional Amendment 3, Marriage, Equal Protection, Same-sex marriage, Sexual Orientation

Kitchen v. Herbert, 961 F.Supp.2d 1181 (D. Utah 2013), appealed; 134 S.Ct. 893 (2014), stay granted, is a federal case challenging Utah's constitutional ban on marriage for same-sex couples and similar statutes. In March 2013, three same-sex couples filed suit, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.

On December 20, 2013, the U.S. District Court for the District of Utah found the state's ban on same-sex marriage unconstitutional. Its order that the state cease enforcing its ban took effect immediately. On January 6, 2014, after stays had been denied by the District Court and the Tenth Circuit, the U.S. Supreme Court granted a stay of the District Court's order pending consideration of the appeal by the Tenth Circuit Court of Appeals.

On June 25, 2014, the Tenth Circuit affirmed the decision of the district court, finding that Utah's ban on same-sex marriage was unconstitutional, but stayed their mandate pending petition to the Supreme Court.

Background[edit]

On November 2, 2004, Utah Constitutional Amendment 3, which defined marriage as a union exclusively between a man and woman passed by referendum and became part of the Utah State Constitution.

On June 26, 2013, in United States v. Windsor, the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions was unconstitutional under the Due Process Clause of the Fifth Amendment, striking down Section 3 of the Defense of Marriage Act (DOMA).

On March 25, 2013, attorneys from the Salt Lake City law firm Magleby & Greenwood filed a lawsuit in the United States District Court for the District of Utah on behalf of three same-sex couples, including one already married in Iowa, seeking to declare Utah's prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution.[1][2] The plaintiffs are Derek Kitchen and Moudi Sbeity; Laurie Wood and Kody Partridge; and Karen Archer and Kate Call. The court heard arguments on December 4. Peggy A. Tomsic argued for the plaintiffs. Phil Lott and Stan Purser, Assistant Attorneys General, represented the state.[3]

District court[edit]

Ruling[edit]

On December 20, 2013, Judge Robert J. Shelby of the U.S. District Court for Utah ruled in favor of the plaintiffs.[4][5] He wrote:[6]

Utah's prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law. The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.

States' rights vs. individual rights[edit]

The ruling stated that the US Supreme Court "has held that the Fourteenth Amendment requires that individual rights take precedence over states’ rights where these two interests are in conflict,"[7] and that while Utah has the right to regulate marriage, "it must nevertheless do so in a way that does not infringe the constitutional rights of its citizens,"[8] citing Loving v. Virginia and United States v. Windsor.

The court noted that while the state electorate had voted in a popular referendum on the issue, a person's fundamental rights may not be submitted to a vote, citing W. Va. State Bd. of Educ. v. Barnette.[9]

Baker v. Nelson not binding[edit]

Baker v. Nelson was a 1971 Minnesota Supreme Court decision that upheld the state's denial of a marriage license to a male couple. The U.S. Supreme Court dismissed the appeal in Baker "for want of a substantial federal question." That dismissal has been used to argue that federal courts lack jurisdiction to consider same-sex marriage claims in cases such as Citizens for Equal Protection v. Bruning,[note 1] Sevcik v. Sandoval,[note 2] and others. In its ruling, the district court said that "a summary dismissal is not binding 'when doctrinal developments indicate otherwise'", citing Hicks v. Miranda (1975). It noted that the Supreme Court in 1996 recognized in Romer v. Evans[note 3] "that the Constitution protects individuals from discrimination on the basis of sexual orientation."[10] The district court also held that the reasoning in United States v. Windsor is "highly relevant and is therefore a significant doctrinal development."[10]

Due process[edit]

The ruling affirmed marriage as a well-established fundamental right and liberty protected by due process under the Fourteenth Amendment. The court wrote that "the regulation of constitutionally protected decisions, such as ... whom [a person] shall marry, must be predicated on legitimate state concerns other than disagreement with the choice the individual has made", quoting Hodgson v. Minnesota.[11] While Utah asserted that the plaintiffs were "still at liberty to marry a person of the opposite sex," the court held that for Utah to deny gays and lesbians the right to choose a same-sex spouse renders their fundamental right to marry meaningless.[12]

The court held that requiring the ability to naturally reproduce as a qualification to marry "demeans the dignity ... of the many opposite-sex couples who are unable to reproduce or who choose not to have children. Under the State's reasoning, a post-menopausal woman or infertile man does not have a fundamental right to marry because she or he does not have the capacity to procreate."[13] The court affirmed a "constitutionally protected right not to procreate", referencing Griswold v. Connecticut.[13] The court also held that same-sex marriage and interracial marriage, as held in Loving v. Virginia, are not new rights but "simply manifestations of one right—the right to marry—applied to people with different sexual identities."[14] The court added that the Constitution allows different outcomes "when its principles operate on a new set of facts that were previously unknown". It quoted Lawrence v. Texas: "'[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress'".[14]

Because Utah's ban on same-sex marriage restricted a fundamental right, the court applied the test of strict scrutiny and found that Utah has not shown that the law is "narrowly tailored" to meet "a rational, much less a compelling, reason why the Plaintiffs should be denied their right to marry."[15]

Equal protection[edit]

When a state violates equal protection by excluding a group from benefits, the court stated that it must find a rational connection to the state's legitimate interests in order to uphold the exclusion, citing Loving v. Virginia and several other cases.[16] Utah cited its legitimate government interests to be: responsible procreation, optimal child-rearing, proceeding with caution, and preserving the traditional definition of marriage.[17]

The court stated it "defies reason" to say that permitting same-sex couples to marry will "affect the number of opposite-sex couples who ... have children outside of marriage",[18] citing Hollingsworth v. Perry.[note 4] Regarding Utah's optimal, biological, and ideal goal of child-rearing, the court noted that "the State has presented no evidence that opposite-sex couples will base their decisions about having children on the ability of same-sex couples to marry"[19] and quoted United States v. Windsor, holding that "[t]he law in question makes it even more difficult for the children [of same-sex couples] to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives" and that it "also brings financial harm" to them.[20] The court held that proceeding with caution because of "unsupported fears and speculations" about gay marriage is not a permissible basis for treating gay people differently, adding that "the process of allowing same-sex marriage is straightforward and requires no change to state tax, divorce, or inheritance laws."[21]

Regarding the preservation of tradition, the court held that "[N]either the antiquity of a practice nor the fact of steadfast legislative and judicial adherence to it through the centuries insulates it from constitutional attack," quoting Williams v. Illinois. The court noted that the traditional view of marriage has in the past led to government enforcement of stereotypes about women and moral disapproval of interracial marriage, citing Lawrence v. Texas.[22] That case rejected moral disapproval as a legitimate state interest,[23] and Justice Scalia, in his dissent, wrote that the majority's decision made it impossible to avoid same-sex marriage, because "preserving the traditional institution of marriage" is just a more pleasant way to describe "moral disapproval".[22] The court also noted that its decision to recognize gay marriages "expands religious freedom because some ... congregations in Utah desire to perform same-sex wedding[s]" and are now able to do so, while others may continue to define marriage for themselves.[22]

In summary, the court held that "the State was unable to articulate a specific connection between its prohibition of same-sex marriage and any of its stated legitimate interests. At most, the State asserted: 'We just simply don’t know.'" The court did not find Utah's argument persuasive and ruled that the prohibition of same-sex marriage failed a rational basis review.[24]

Higher levels of scrutiny[edit]

Citing Loving v. Virginia, the court argued for but did not feel the need to apply intermediate scrutiny on the basis of sex discrimination "because Amendment 3 fails under even the most deferential level of review."[25] On the question of discrimination based on sexual orientation, the court was bound by Tenth Circuit precedent in Price-Cornelison v. Brooks that sexual orientation is not "a protected class, which would warrant heightened scrutiny".[26] Regarding a test of careful consideration based on Louisville Gas & Elec. Co. v. Coleman and emphasized in United States v. Windsor, the court held that "the avowed purpose and practical effect" of Utah's Amendment 3 was "to impose a disadvantage, a separate status, and so a stigma," but the court was unsure if that qualified as "discriminations of an unusual character" that would "especially require careful consideration." The court was wary of applying that test "in the absence of more explicit guidance" from the U.S. Supreme Court.[27]

Conclusion[edit]

In the conclusion of the ruling, the Court found Utah's arguments "almost identical" to those Virginia made against interracial marriage in 1967 in Loving v. Virginia;

Anti-miscegenation laws in Virginia and elsewhere were designed to, and did, deprive a targeted minority of the full measure of human dignity and liberty by denying them the freedom to marry the partner of their choice. Utah’s Amendment 3 achieves the same result.[28]

Response[edit]

Governor Herbert stated, "I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah."[29] The Church of Jesus Christ of Latter-day Saints stated, "The Church has been consistent in its support of traditional marriage while teaching that all people should be treated with respect. This ruling by a district court will work its way through the judicial process. We continue to believe that voters in Utah did the right thing by providing clear direction in the state constitution that marriage should be between a man and a woman and we are hopeful that this view will be validated by a higher court."[30]

Because the state's lawyers had not filed a motion for a stay in district court by the time of the ruling,[31] some of Utah's county clerks began issuing marriage licenses immediately to same-sex couples.[32] State Senator Jim Dabakis and his partner of 27 years were among the first same-sex couples to marry in the state.[33] On December 24, the Governor ordered state agencies to comply with the ruling,[34] and by December 26, all Utah counties were issuing marriage licenses to same-sex couples.[35] Within a week of the ruling, Utah had issued about 900 marriage licenses to same-sex couples.[36]

Following the ruling, the state filed both a notice of appeal with the Tenth Circuit and requests in both the District Court and the Tenth Circuit for emergency stays to stop additional marriage licenses from being issued.[37] On December 22, the Tenth Circuit denied granting the stay motion before the district court could decide on its own stay. "[The defendants] do not seek a stay pending appeal, but rather a stay pending the district court's decision on their stay motion. But the appellate and local rules contemplate only a motion for stay pending appeal."[38] On December 23, Judge Shelby denied a request to put the marriages on hold, allowing the state to continue to issue same-sex marriage licenses.[39] On December 24, a two-judge panel of the Tenth Circuit Court again denied the state's request for a stay.[40] The Utah's Attorney General's office ask the Supreme Court for a stay on December 31.[41]

Justice Sonia Sotomayor, the Supreme Court's Circuit Justice for the Tenth Circuit, referred the stay request to the full Supreme Court and on January 6, without noting any dissents by her colleagues, she issued the stay pending final disposition of the appeal by Tenth Circuit.[42][43] The stay reinstated the ban on same-sex marriage, and Utah denied state services to married same-sex couples.[44] On January 10, U.S. Attorney General Eric Holder announced that the federal government would recognize the marriages of same-sex couples who married in Utah between December 20, 2013, and January 6, 2014.[45] The Utah State Tax Commission, an independent state agency, decided that same-sex marriages are eligible for joint state income tax returns as on their federal returns.[46]

On May 19, Judge Dale A. Kimball of the U.S. District Court for Utah ruled that Utah must recognize the same-sex marriages that were performed. The ruling was set to go into effect after 21 days.[47] On June 4, 2014, the state filed to appeal Kimball's ruling.[48]

On July 11, the Tenth Circuit denied Utah's request for a stay pending appeal but also extended a temporary stay to July 21. The attorney general's office said it intended to file for a stay from the Supreme Court.[49]

Tenth Circuit[edit]

The Tenth Circuit ordered the appeals process to be heard on an expedited basis[50] and set a briefing schedule to be completed by February 25.[51] Although the Tenth Circuit initially said that requests for delay were "very strongly discouraged," on January 21 it granted a time extension requested by the state of Utah, with the new briefing schedule to be completed by March 4.[52] In a similar Oklahoma case being appealed to the Tenth Circuit, Bishop v. Oklahoma, the appellant asked that court to hear the appeal on an expedited basis so that it could be heard together with Kitchen.[53]

The National Center for Lesbian Rights joined the plaintiffs' legal team in January 2014.[54] In February, lawyers who had represented the LGBT plaintiffs in the Windsor and Perry cases unsuccessfully sought to intervene.[55][56] Mary Bonauto of Gay & Lesbian Advocates & Defenders coordinated the amicus briefs for the plaintiff.[57] The court received 27 amicus briefs for sides in both Kitchen and Bishop.[58] A group of Republican political figures headed by former U.S. Senators Alan Simpson of Wyoming and Nancy Kassebaum of Kansas filed a brief for the plaintiffs,[59] as did a group of 46 companies including Starbucks, Pfizer, eBay, Facebook, Google and Levi Strauss.[58] The LDS Church, the U.S. Conference of Catholic Bishops, the Southern Baptist Convention, and the Lutheran Church-Missouri Synod filed a joint brief in support of the state's position.[60] A group of 15 attorneys general supported the plaintiffs,[61] while a group of ten supported the state.[60]

The Tenth Circuit heard oral argument on April 10.[62] On June 25, Tenth Circuit affirmed the judgment of the district court but stayed their mandate pending petition for writ of certiorari from the Supreme Court.[63] The ruling applies to all states in its jurisdiction:[64][65] Colorado, Kansas, New Mexico, Oklahoma, Wyoming, and Utah,[66] of which all but New Mexico ban same-sex marriage. Boulder County, Colorado began issuing marriage licenses despite the stay, followed by Denver and Pueblo Counties in July.[67][68] The Tenth Circuit ruling created a circuit split on the issue of same-sex marriage by being directly opposed to Citizens for Equal Protection v. Bruning (2006) from the Eighth Circuit. A circuit split gives the US Supreme Court a reason to rule on an issue, but the Eighth Circuit might reverse its ruling before then.[69]

On July 9, State Attorney General Sean Reyes' office said that it will skip en banc hearing by the full Tenth Circuit and will instead file for review directly to the Supreme Court in the next couple of weeks. If the Supreme Court declines to review the case, the Tenth Circuit's ruling will be final.[70] The Supreme Court could decide as early as late September.[71]

See also[edit]

Notes[edit]

  1. ^ In Citizens for Equal Protection v. Bruning, a federal District Court invalidated an amendment to the Nebraska constitution in 2005 that prohibited same-sex marriage. The Eighth Circuit reversed that decision in 2006, citing Baker as part of its reasoning.
  2. ^ Sevcik v. Sandoval is a 2012 challenge in federal court to Nevada's ban on same-sex marriage. The plaintiffs lost in District Court and are appealing to the Ninth Circuit.
  3. ^ Romer v. Evans was a 1996 U.S. Supreme Court case striking down a state constitutional amendment adopted by a referendum in Colorado. The amendment prohibited any statutory recognition of sexual orientation.
  4. ^ a similar 2010 federal district court ruling in California, now Hollingsworth v. Perry in the US Supreme Court

References[edit]

  1. ^ Romboy, Dennis (March 26, 2013). "Utah Among Several States with Marriage Laws under Legal Challenge". Deseret News. Retrieved December 5, 2013. 
  2. ^ Adams, Brooke (March 26, 2013). "Three couples file challenge to Utah's ban on same-sex marriage". Salt Lake Tribune. Retrieved March 6, 2014. 
  3. ^ Adams, Brooke (December 4, 2013). "Judge weighs arguments on Utah’s same-sex-marriage ban". Salt Lake Tribune. Retrieved March 6, 2014. 
  4. ^ Rosenblatt, Joel. "Utah Ban on Same-Sex Marriage Struck Down by U.S. Judge". Businessweek. Retrieved December 21, 2013. 
  5. ^ "Utah Gay Marriage Ban Struck Down As Unconstitutional". Dallas Voice. December 20, 2013. Retrieved December 21, 2013. 
  6. ^ Kitchen v. Herbert, No. 2:13-cv-217, 2013 WL 6697874 (D. Utah Dec. 20, 2013) at *1
  7. ^ 2013 WL 6697874 at *7
  8. ^ 2013 WL 6697874 at *9
  9. ^ 2013 WL 6697874 at *1 and *9
  10. ^ a b 2013 WL 6697874 at *8
  11. ^ 2013 WL 6697874 at *11
  12. ^ 2013 WL 6697874 at *13-14
  13. ^ a b 2013 WL 6697874 at *15
  14. ^ a b 2013 WL 6697874 at *16
  15. ^ 2013 WL 6697874 at *18
  16. ^ 2013 WL 6697874 at *24
  17. ^ 2013 WL 6697874 at *25-27
  18. ^ 2013 WL 6697874 at *25
  19. ^ 2013 WL 6697874 at *25-26
  20. ^ 2013 WL 6697874 at *26
  21. ^ 2013 WL 6697874 at *29 and *27
  22. ^ a b c 2013 WL 6697874 at *27
  23. ^ 2013 WL 6697874 at *17
  24. ^ 2013 WL 6697874 at *28
  25. ^ 2013 WL 6697874 at *20
  26. ^ 2013 WL 6697874 at *21
  27. ^ 2013 WL 6697874 at *22-23
  28. ^ 2013 WL 6697874 at *29
  29. ^ "Governor Hebert releases statement on Amendment 3 ruling". 4 Utah. December 20, 2013. Retrieved January 26, 2014. 
  30. ^ Emiley Morgan; Marjorie Cortez (December 20, 2013). "Federal judge overturns Utah same-sex marriage ban". KSL. Retrieved January 26, 2014. 
  31. ^ Watkins, Tom (December 20, 2013). "In Utah, judge's ruling ignites same-sex marriage frenzy". CNN. Retrieved December 21, 2013. 
  32. ^ David Badash. "Breaking: Utah (Yes, Utah) Just Became The 18th State To Allow Same-Sex Marriage". The New Civil Rights Movement. Retrieved December 21, 2013. 
  33. ^ "Utah county begins issuing marriage licenses to same-sex couples". Chicago Tribune. December 20, 2013. Retrieved December 20, 2013. 
  34. ^ "Governor tells state agencies to comply with Amendment 3 ruling". Fox13 Salt Lake City. December 24, 2013. Retrieved January 3, 2014. 
  35. ^ "Utah holdout counties now issuing gay marriage licenses". USA Today. December 26, 2013. Retrieved January 3, 2014. 
  36. ^ Lang, Marissa (December 26, 2013). "Same-sex couples shatter marriage records in Utah". Salt Lake Tribune. Retrieved January 3, 2014. 
  37. ^ McCombs, Brady (December 20, 2013). "Utah AG Requests Judge to Stop Same-Sex Marriages". Greenville, MS: WXVT-TV. Associated Press. Retrieved December 21, 2013. 
  38. ^ Johnson, Chris (December 22, 2013). "Appeals court denies stay on Utah same-sex marriages". Washington Blade. Retrieved December 22, 2013. 
  39. ^ Weise, Elizabeth (December 24, 2013). "Federal judge rules that Utah gay marriages may continue". USA Today. Retrieved January 3, 2014. 
  40. ^ "10th Circuit Court denies same-sex marriage stay". Salt Lake Tribune. December 24, 2013. Retrieved December 24, 2013. 
  41. ^ Adams, Brooke (January 1, 2014). "Procreation argument dropped in stay application". The Salt Lake Tribune. Retrieved January 2, 2014. 
  42. ^ Mears, Bill (January 6, 2014). "Breaking: High court puts same-sex marriage on hold in Utah". CNN. Retrieved January 6, 2014. 
  43. ^ "Order in Pending Case 13A687 Herbert, Gov. of UT, et al. v. Kitchen, Derek, et al.". Retrieved January 6, 2014. 
  44. ^ Brooke Adams; Matthew Piper (January 8, 2014). "Utah won't recognize same-sex marriages performed before stay". The Salt Lake Tribune. Retrieved January 8, 2014. 
  45. ^ Geidner, Chris (January 10, 2014). "Obama Administration To Recognize Utah Same-Sex Couples’ Marriages". Buzz Feed. Retrieved January 12, 2014. 
  46. ^ Harrie, Dan (January 16, 2014). "Utah tax officials allow joint filing for married same-sex couples". The Salt Lake Tribune. Retrieved January 18, 2014. 
  47. ^ Lang, Marissa (May 20, 2014). "Judge: Utah must honor same-sex marriages performed during 17-day window". The Salt Lake Tribune. Retrieved May 19, 2014. 
  48. ^ Alberty, Erin (Jun 4, 2014). "Utah appealing ruling that validates gay marriages". The Salt Lake Tribune. Retrieved Jun 4, 2014. 
  49. ^ Lang, Marissa (Jul 11, 2014). "Same-sex couples married in Utah may have rights in 10 days". The Salt Lake Tribune. Retrieved Jul 11, 2014. 
  50. ^ Lang, Marissa (December 24, 2013). "10th Circuit Court denies same-sex marriage stay". The Salt Lake Tribune. Retrieved January 6, 2014. 
  51. ^ Adams, Brooke (December 30, 2013). "New Utah AG: Cost to defend same-sex marriage ban worthwhile". The Salt Lake Tribune. Retrieved January 6, 2014. 
  52. ^ "Tenth Circuit grants time extension as ACLU files lawsuit challenging Utah’s non-recognition of marriages". Equality on Trial. January 21, 2014. 
  53. ^ Sanchez, Juan (January 21, 2014). "Court Clerk Requests Expedition of Gay Marriage Appeal". KTUL. Retrieved January 21, 2014. 
  54. ^ "NCLR Joining Utah Marriage Equality Case". National Center for Lesbian Rights (Press release). January 9, 2014. Retrieved March 6, 2014. 
  55. ^ Adams, Brooke (February 3, 2014). "Court rejects intervention by 3 Utah couples in gay marriage appeal". The Salt Lake Tribune. Retrieved February 13, 2014. 
  56. ^ Peters, Jeremy (February 3, 2014). "Olson and Boies, Legal Duo, Seek Role in 2 Cases on Gay Marriage". New York Times. Retrieved February 13, 2014. 
  57. ^ "GLAD Convenes Broad Array of Amicus Briefs in Support of Utah and Oklahoma Marriage Cases". GLAD (Press release). March 6, 2014. Retrieved March 6, 2014. 
  58. ^ a b "Religious groups and businesses file briefs in Utah gay marriage case". The Guardian. March 5, 2014. Retrieved March 6, 2014. 
  59. ^ Eckholm, Erik (March 3, 2014). "Republicans From the West Give Support for Gay Marriage". New York Times. Retrieved March 6, 2014. 
  60. ^ a b McCombs, Brady (February 10, 2014). "Religious groups join the Utah fight against gay marriage". The Christian Science Monitor. Retrieved February 13, 2014. 
  61. ^ "AG Coakley Urges Federal Appeals Court to Strike Down Bans on Same-Sex Marriage" (Press release). March 4, 2014. Retrieved March 6, 2014. 
  62. ^ Mitchell, Kirk (April 10, 2014). "10th Circuit arguments on gay marriage ban focus on family and fairness". Denver Post. Retrieved April 10, 2014. 
  63. ^ Tenth Circuit p 64-65
  64. ^ "Nearly simultaneous decisions strike down gay marriage bans". CNYCentral. The Associated Press. Jun 25, 2014. Retrieved Jun 25, 2014. 
  65. ^ Canham, Matt (Jun 25, 2014). "Answering your questions on the same-sex marriage ruling". The Salt Lake Tribune. Retrieved Jun 25, 2014. 
  66. ^ Mears, Bill (January 6, 2014). "High court puts same-sex marriage on hold in Utah". CNN. Retrieved January 6, 2014. 
  67. ^ Aguilar, John (Jun 25, 2014). "Boulder County begins issuing same-sex marriage licenses; AG says no". The Denver Post. Retrieved Jun 25, 2014. 
  68. ^ http://www.chieftain.com/mobile/msearch/2717580-123/couples-county-friday-licenses
  69. ^ Mataconis, Doug (Jul 3, 2014). "SCOTUS Will Find It Hard To Avoid Ruling On Marriage Equality In The Next Term". Outside the Beltway. Retrieved Jul 4, 2014. 
  70. ^ "Utah to Appeal Gay Marriage Ruling to High Court". abc News. The Associated Press. Jul 9, 2014. Retrieved Jul 9, 2013. 
  71. ^ Mears, Bill (Jul 9, 2014). "Utah wants Supreme Court to back its same-sex marriage ban". CNN. Retrieved Jul 9, 2014. 

External links[edit]