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Plaintiffs Challenging Utah's Gay Marriage Ban Ask Supreme Court to Weigh in on Fundamental Right to Marry

As expected, the plaintiffs in the case challenging Utah's ban on same-sex marriage have filed a brief asking the Supreme Court to finally weigh in on the question of whether all citizens have a fundamental right to marry. 

The Salt Lake Tribune reports:

Scotus"Today, our nation’s same-sex couples and their children live in a country where they may be denied legal recognition as a family or may find their marriages invalidated simply by virtue of crossing a state line," according to the brief filed with the U.S. Supreme Court in support of Utah’s request that the court hear its case.

"This court should grant the petition and hold that denying same-sex couples the fundamental freedom to marry and to have their marriages recognized violates our nation’s cherished and essential constitutional guarantees."

Said National Center for Lesbian Rights Legal Director Shannon Minter:

“Same-sex couples experience real hardships as a result of being denied the freedom to marry and to have their marriages respected wherever they travel or live. In the past year, more than 30 state and federal courts have ruled that state laws barring same-sex couples from marriage are unconstitutional. We hope the Supreme Court will consider this issue in its next term and will concur that same-sex couples and their children are an integral part of our nation’s fabric and must be given the same protection and respect as other families.”    

Earlier this month, Utah became the first state to appeal a ruling striking down a state ban on gay marriage to the Supreme Court. The Utah government, led by Attorney General Sean Reyes, is arguing that states have a right to continue defining marriage as they see fit and has pledged to "spend whatever it takes" to keep the ban in place.  

This week, it was announced that head civil rights lawyer for Gay & Lesbian Advocates & Defenders Mary Bonauto would be joining the legal team challenging Utah's same-sex marriage ban. 

Read the brief below:

Plaintiffs' Response Brief via Equality Case Files

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  1. The Supreme Court should forego a hearing/trial and simply announce their decision, since more than likely each member already has a mindset on this issue. Of course, this action is probably illegal, but everyone knows that a hearing would simply be a charade.

    Posted by: seamus | Aug 29, 2014 11:52:37 AM

  2. Nice try, but this won't go anywhere.

    Posted by: anon | Aug 29, 2014 12:39:27 PM

  3. I like this brief, because it exposes anti-gay animus, and also shows that "as Utah freely admits, Amendment 3 rests on gender stereotypes". This is sex discrimination, as much as it is sexual orientation discrimination.

    On a side note: I wonder if any straight same-sex couple has attempted to get married. We know that there are openly gay opposite-sex couples (not that I understand them... but they do exist).

    Posted by: Randy | Aug 30, 2014 12:50:05 AM

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