Gay Couples Challenge Utah Marriage Ban In Court

Overshadowed by this week's historic marriage equality Supreme Court hearings was a lawsuit filed several days ago by three gay and lesbian couples in the U.S. District in Utah which challenges that state's ban on same-sex marriage.

The Daily Herald Reports:

Utah_capPlaintiffs in the Utah case include gay and lesbian couples who want to get married, along with a lesbian couple whose Iowa marriage isn't recognized by Utah…Swallow said marriage is for states to define.

"I believe that under our federal constitution the individual states retained the sole right to define the marriage relationship," Swallow said Tuesday in a statement. "As Attorney General, I swore an oath to defend the Utah Constitution and will do so by defending against this lawsuit with every resource at my disposal."

The Utah lawsuit names Swallow, Gov. Gary Herbert and Salt Lake County Clerk Sherrie Swensen as defendants. Swenson refused to issue marriage licenses to the same-sex couples as recently as Monday.

Later that day, about 100 people attended a rally in Provo, Utah in support of marriage equality.

The constitutional amendment on same-sex marriage in Utah was passed by voters in 2004. But last year saw some new data that indicated small but noteworthy progress in attitudes in that state toward marriage equality.


  1. Steve says

    That won’t go anywhere in a state where government, courts, schools, media and literally everything is completely dominated by the Mormon church. You can see the Nevada and Hawaii cases for what happens when you deal with Mormon judges.

    They’ll certainly lose in district court. And the 10th Circuit of Appeals (which includes Wyoming, Kansas, Colorado, New Mexico and Oklahoma) probably isn’t much better.

  2. Hagatha says

    So they think the states retain the right to define marriage? I guess that explains why polygamy is legal in Utah?

  3. RexT says

    Every legal challenge is worth the time and effort and ultimately helps bring forth the day of the law changing. Utah isn’t a ‘Mormon’ State, but does have a large Mormon population – and more and more Mormons are shifting their position on marriage equality, in spite of the ‘leadership’ of said chosen faith. Anyway – excellent news.

  4. DaneMuhlig says

    God’s Word is 100 perfectly clear. It says Gay,
    Homosexuality and Lesbianism is sin and Gays,
    Homosexuals and Lesbians will not go to Heaven
    …they will go to Hell. Read 1 Cor.6:9,10/Rev.21:8.
    [Don’t get mad at me…God said it, not me].

    God’s Word calls homosexuality degrading of the
    body, shameful, indecent and perversion!!
    Read Romans 1:24-32. Degrading! Shameful!
    Indecent! perversion! [Not very “sweet” huh?]

    “Sodom and Gomorrah and the surrounding towns gave
    themselves up to sexual immorality and perversion. They
    serve as an example of those who suffer the punishment
    of Eternal Fire.” Jude 7. The sin of Sodom and Gomorrah
    was homosexuality! According to God Gays, Homosexuals
    and Lesbians are going to suffer the punishment of Eternal
    Fire!! [Ouch! Bring a lot of suntan lotion! Ha!].

    Jesus condemned homosexuality when speaking about
    “sexual immorality” in Mk.7:21-23. This word sexual
    immorality means, illicit [immoral, unethical] sex. Whether
    it is prostitution-sex, adultery-sex, incest-sex, LESBIAN-sex
    or HOMOSEXUALITY-sex. Jesus said sexual immorality
    including homosexuality makes a man “unclean, defiled
    and polluted!” Mk.7:23. [They are spiritually dirty! Yuk!].

    Heb.13:4 says, “Keep the marriage bed undefiled,
    uncontaminated, unsoiled, for God will judge the sexual
    immoral.” Jesus Christ defines marriage as between a man
    and woman “A man will leave his father and mother and
    be united to his wife, and the two will become one flesh.”
    Mt.19:4-6. Notice not “a man should be united with a man”
    or “a women be united with a woman.” NO! God will judge
    the sexual immoral. Sexual immorality includes GAY,
    HOMOSEXUALITY and LESBIANISM and because it is NOT
    between a MAN and WOMAN who are married. [One man,
    one woman. Not one man, one man or one man, four
    men or one woman, one woman plus six more woman].
    God set the rules and God will judge all sex outside of the
    marriage bed! Keep the marriage bed uncontaminated.

    No one is born Gay, Homosexual or Lesbian anymore than
    someone is born a child molester or born a murderer or born
    a thief…IT IS A CHOICE! We are all born with a choice. People
    CHOOSE RIGHT or WRONG! People choose to live for God or
    for themselves and darkness! We all have the choice to choose!

    Make a stand for what is right! Make a stand for what is good
    and pure! Stand against those who promote what is perverted!
    Stand against people who promote what is wrong and Leaders
    who ignore God’s written Word! You will be held accountable!

    I love Gays, Homosexuals and Lesbians! They are welcome
    in my house! [Just not in my bed! Ha!]. They are welcome
    at my dinner table! I lay down my life for them!! I love them.
    But I also love them enough to tell them the truth!
    Love homosexuals with 100% love, love, love…but also tell
    them the truth because the truth can set them free!! [Jn.8:32].

    Gays, Homosexuals and Lesbians need to go back “into the
    closet” and fall on their knees and wash their dirty hands and
    perverted hearts and scream out to God for forgiveness and
    to the living God…who loves them!

  5. utahn says

    Utah is NOT a Mormon state, but if you think it is and don’t like it, you have options. MOVE!! People get tired of their jobs, they get a new one. No difference here – accept it or move.

  6. uT2 says

    I agree. If you think Utah sucks and that we are all out to get you, then move. We are not forcing you to stay here. And the last time I checked, it is a democracy that we live in. And if the people of Utah dont like something, they can vote on whether or not to outlaw it.

  7. watcher says

    UT2, you make an interesting point. No one is forcing people to stay in Utah so if gay couples want to be married, there is nothing stopping them from going to a state where it is allowed. Same thing with pot laws, you go where you can get it.

  8. Craig Denton says

    I was born in Utah, it’s time for equality for everyone. I shouldn’t have to move to live with the one I love. I hope the plaintiffs win.

  9. Homo Momo No Mo says

    Oh people! Don’t hate on our lovely Deseret! Just because our citizens have lower body fat indexes than those from your state is no reason to get all bajiggity over this. Be happy that we are still here fighting and making headlines despite all the ironic persecution from the dominant belief system. Polygamy was outlawed before we even gained statehood and is punishable by law.
    Interpretation of what someone heard someone else say and wrote down on scrolls Thousands of years ago and then had someone else incorrectly translate words to kinda fit what was not verbatim by-the-way, into eventually Latin is just as horrible as saying you love a people but should put away into said closet and or eliminate anything about those people that makes them unique to begin with. That sounds like a lot of conditional love from someone who claims to love the gays. Its written, however that Jesus said that you are to love everyone, unconditionally as is stated He did. Close mouth, open mind, live, love, learn.

  10. Amy Lofton says

    There is an argument against the notion that homosexuality is sin. It is a Bible lecture that is upheld by people from Harvard. If you’ve listened to the abomination arguments your whole life, it is at least fair to give the opposition argument one hour and seven minutes of your time.

  11. Nbassett says

    Most of these comments are from Utah trolls apparently. I live in Utah and heartily disagree with their opinions

    I think this case is a longshot, though if it could make it to the Supreme Court, there will be no jurisdictional or standing questions that can be raised to ignore the issue of the merits.

    The Governor and Attorney General will definitely defend these laws, plus we will probably have a recent ruling on gay equality from the Supreme Court to guide the District and Circuit Courts.

    Onward to Justice!