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Protecting the Bill of Rights in Utah since 1958

Kitchen v. Herbert (2013)

17 October 2013 Published in Current Cases

LGBTQ Equality, Equal Protection - On October 17, 2013, The American Civil Liberties Union and the ACLU of Utah submitted a “friend of the court” brief in support of a case challenging Utah’s ban on marriage for same-sex couples, Kitchen v. Herbert. The ACLU brief called for a heightened level of scrutiny to be placed on any law that discriminates against same-sex couples and their families. On December 20, 2013, a federal court declared that Utah’s ban on marriage for same-sex couples is unconstitutional. On June 25, 2014, the U.S. Court of Appeals for the 10th Circuit upheld the lower court’s decision. On October 6, 2014, the U.S. Supreme Court denied review of the case, which means the federal court's decision stands.

PRESS RELEASE: Supreme Court Lets Stand Four Appeals Court Decisions Requiring States to Allow Same-Sex Couples to Marry >> (10/6/14)

PRESS RELEASE: Federal Appeals Court Declares Utah Marriage Ban Unconstitutional  >> (6/25/14)

PRESS RELEASE: Federal Court Declares Utah Ban on Marriage for Same-Sex Couples Unconstitutional >> 12/20/13

Read the Court Desicion (PDF) >>

On October 17, 2013, The American Civil Liberties Union and the ACLU of Utah submitted a “friend of the court” brief in support of a case challenging Utah’s ban on marriage for same-sex couples, Kitchen v. Herbert. The ACLU brief calls for a heightened level of scrutiny to be placed on any law that discriminates against same-sex couples and their families.

PRESS RELEASE: ACLU Asks Federal Court to Strike Down Utah Marriage Ban >> (10/17/13)

Read the Motion to File Amicus Brief (PDF) >>

Read the Amicus Brief (PDF) >>

On March 4, 2014, the ACLU of Utah, the ACLU of Oklahoma, and the ACLU LGBT Project filed an amicus brief in Kitchen v. Herbert on behalf of themselves and 19 other civil rights organizations (The Leadership Conference on Civil and Human Rights; 9to5, National Association of Working Women; API Equality—LA; Asian Americans Advancing Justice, Asian Americans Advancing Justice –Asian Law Caucus, Asian Americans Advancing Justice—Chicago; Asian Americans Advancing Justice—Los Angeles; Cimarron Alliance, Hispanic National Bar Association, Human Rights Campaign; NAACP Salt Lake Branch & NAACP Tri-State Conference of Idaho, Nevada and Utah; National Action Network; National Council of La Raza; National Gayand Lesbian Task Force, National Organization for Women Foundation; Oklahomans for Equality; Public Advocates, Inc.; and The Equality Network) dedicated to equality. We argue that laws subjecting LGBT people to unequal treatment must be subjected to heightened scrutiny by the courts.  

Read the Amicus Brief (PDF) >>