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.

News Updates:

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

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

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)

On March 4, 2014, the ACLU of Utah, the ACLU of Oklahoma, and the ACLU LGBT Project filed an amicus brief to the United States Court of Appeals for the Tenth Circuit 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

We argue that laws subjecting LGBT people to unequal treatment must be subjected to heightened scrutiny by the courts.

Read the amicus brief filed to the United States Court of Appeals for the Tenth Circuit (PDF

Date filed

October 17, 2013


United States District Court