Same-sex marriage has been legal in Utah since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marrying violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.
Same-sex marriage became temporarily legal in Utah on December 20, 2013, as a result of a ruling from the U.S. District Court for the District of Utah. The U.S. Supreme Court stayed the ruling on January 6, 2014, while the Tenth Circuit Court of Appeals in Denver considered the case. On June 25, 2014, the Tenth Circuit upheld the lower court ruling, a decision that set a precedent for every state within the circuit. However, the Tenth Circuit stayed its ruling. On October 6, the Supreme Court refused to hear the state's appeal, requiring Utah to license and recognize same-sex marriages. Same-sex marriages that were performed in December 2013 and January 2014 are recognized by the federal government, but a ruling requiring the state of Utah to recognize such marriages was stayed by the U.S. Supreme Court on July 18, 2014. The state later asked the Tenth Circuit to dismiss its appeal in this case.
Polling suggests that a majority of Utahns support the legal recognition of same-sex marriage.
Legal history
Statute In 1977, the Utah State Legislature passed a statute banning same-sex marriage in the state. In 1995, the House of Representatives passed legislation (known as H.B. 366) banning recognition of out-of-state same-sex marriages and unions in the state. On March 1, 1995, the Senate voted 24–1 in favor of the bill, and on the same day Governor Mike Leavitt signed it into law.Utah Won't Accept Same-Sex MarriagesAmerica's gay-marriage evolution: A timeline [Updated]
In 2004, the State Legislature passed a bill (S.B. 24) banning same-sex marriages and its "substantially equivalent" in the state. Governor Olene Walker signed the bill into law on March 23, 2004, and it went into effect that same day.S.B. 24 Enrolled
Constitution On March 3, 2004, the Utah Senate voted 20–7 in favor of Amendment 3, a constitutional amendment banning same-sex marriage and any "domestic union" that grants "the same or substantially equivalent legal effect". The House of Representatives voted 58–14 in favor of the amendment that same day. On November 2, 2004, Utah voters approved of the amendment by a margin of 65.8% to 33.2%. It went into effect on January 1, 2005.H.J.R. 25 Joint Resolution on Marriage
Lawsuits
Kitchen v. Herbert
District Court On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the U.S. District Court for the District of Utah seeking to declare Utah's prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the U.S. Constitution. The court heard oral arguments on December 4. The state argued that there was "nothing unusual" in enforcing policies that encourage "responsible procreation" and the "optimal mode of child-rearing". The plaintiffs' attorney contended that the policy was "based on prejudice and bias that is religiously grounded in this state". On December 20, 2013, District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional. He wrote:
It was the first federal court decision to address state recognition of same-sex marriage since the U.S. Supreme Court's decision in United States v. Windsor that held Section 3 of the federal Defense of Marriage Act (DOMA), which denied federal recognition to same-sex marriages, unconstitutional.
Marriage licenses issued During the first six days following the ruling, Utah county clerks issued marriage licenses to more than 900 same-sex couples. Historian J. Seth Anderson and neuroscientist Michael Ferguson were the first couple to legally marry in Utah on December 20. State Senator Jim Dabakis, chairman of the Utah Democratic Party, was one of the first to get married in Salt Lake City. Mayor Ralph Becker officiated at his ceremony and at dozens more. Two couples in Washington County became the first same-sex couples to marry in a county other than Salt Lake County, shortly before the county clerk's office closed on December 20.
Officials in Salt Lake County, the most populous county in the state, began issuing marriage licenses to same-sex couples immediately after the ruling. The Salt Lake County District Attorney, Sim Gill, said that the ruling prevented the state from enforcing the ban: "The current state of the law is that we cannot prohibit [the marriages]." Weber County announced plans to open Saturday, the day after the ruling, to process marriage licenses for same-sex couples, but canceled its plans citing "security requirements" and concerns that opening early could violate "equal protection provisions". Davis County began issuing licenses on Monday, December 23.
Some Utah County officials initially declined to grant marriage licenses to same-sex couples, saying they were still reviewing the ruling and consulting with their county attorneys. Several continued to do so on December 23, the Monday following the ruling, including Box Elder, Carbon, Juab, San Juan, Sanpete, Sevier and Utah counties. Officials in Sanpete and Sevier counties said they would begin offering licenses to same-sex couples on December 24. Cache County closed its clerk's office altogether "to sort out the legal issues and confusion created in the wake of Judge Shelby's decision", and began issuing licenses to same-sex couples the next day. The Piute County Clerk's Office was closed both days and the clerk was on vacation. All counties but Box Elder, Piute, San Juan and Utah counties were issuing or willing to issue same-sex marriage licenses on December 24. Following the Tenth Circuit's denial of the state's request for a stay of Shelby's order, Utah County Clerk Bryan Thompson announced that the county would issue marriage licenses to same-sex couples on December 26. The remaining counties of Box Elder, Piute and San Juan also announced they would issue licenses.
Reaction and appeal by the state
Utah Governor Gary Herbert responded to Shelby's ruling the same day saying: "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." On December 24, he instructed members of his cabinet that "where no conflicting laws exist you should conduct business in compliance with the federal judge's ruling until such time that the current district court decision is addressed by the 10th Circuit Court." Bishop John Wester of the Roman Catholic Diocese of Salt Lake City called the decision "an affront to an institution that is at once sacred and natural". Some other religious leaders welcomed the decision, including representatives of the Unitarian Universalist Association and Bishop Scott Hayashi of the Episcopal Diocese of Utah, who also advised "compassion" for those who objected to the ruling: "The change that this represents will cause them heartache, frustration and a feeling that our country is going in the wrong direction."
The Attorney General's office appealed the ruling to the Tenth Circuit Court of Appeals and sought an emergency stay to prevent additional licenses from being issued to same-sex couples. The Tenth Circuit rejected the requested motion for a stay on December 22 "[b]ecause the motion before us does not meet the requirements of the federal or local appellate rules governing a request for a stay". On December 23, Shelby denied a request for a stay, and the Tenth Circuit denied the state's second emergency motion for a temporary stay. On December 24, the Tenth Circuit again denied the state's request for a stay. On December 31, the state asked the U.S. Supreme Court to issue a stay, which it granted on January 6, pending a decision by the Tenth Circuit.
On January 9, Attorney General Sean Reyes advised county clerks to complete processing marriage licenses for same-sex couples whose marriages were solemnized "prior to the morning of January 6". The state announced that under the stay it would return to enforcing Utah's ban on licensing and recognizing same-sex marriages. On January 10, U.S. Attorney General Eric Holder announced that the federal government would recognize the 1,360 same-sex marriages that had been performed in Utah prior to the stay. Several attorneys general of states that had already legalized same-sex marriage also announced they would recognize the Utah marriages. According to rules issued on January 15 by the Utah Tax Commission, a same-sex couple who file a joint federal income tax return can file a joint return for their Utah income taxes as well. On January 16, the Utah Attorney General's office announced it had hired Gene C. Schaerr, a veteran litigator in state and federal appellate courts, to assist in its defense of Utah's ban on same-sex marriage. Oral arguments in the case were heard on April 10, 2014.
On June 25, the Tenth Circuit affirmed the district court's decision, but also stayed implementation of its decision, pending a further appeal or certiorari.10th Cir. Accessed June 25, 2014 "The Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state's marital laws," the court wrote in its 2–1 ruling. "A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union." On August 5, the Utah Attorney General's office asked the U.S. Supreme Court to consider the case. On October 6, the U.S. Supreme Court rejected Utah's appeal without comment, allowing the Tenth Circuit to lift its stay. In response, Governor Herbert and Attorney General Reyes announced that Utah would comply with the decision of the Supreme Court and swiftly advised state agencies to recognize same-sex marriages.
Evans v. Herbert Once a stay was granted in Kitchen, Utah returned to its practice of denying marriage licenses to same-sex couples and it no longer recognized the validity of those marriages established by same-sex couples in Utah while Judge Shelby's ruling was in effect in December 2013 and January 2014. On January 21, 2014, the American Civil Liberties Union (ACLU) brought suit on behalf of four same-sex couples married in Utah during that period, raising concerns about the impact of Utah's action on their adoption, parenting, and health care rights. On May 19, U.S. District Court Judge Dale A. Kimball ruled in Evans v. Herbert that Utah must recognize the same-sex marriages performed in Utah the previous December and January. On June 4, the state appealed Judge Kimball's ruling before it took effect. The Tenth Circuit announced on July 11 it would not issue a permanent stay while the state appealed Kimball's decision. The state asked the U.S. Supreme Court to issue the stay, and on July 18 Justice Sonia Sotomayor, after referring the question to the other members of the court, granted the stay pending resolution of the case by the Tenth Circuit. In August, the Tenth Circuit granted the state's request for an additional month to file its appeal, setting October 22 as the deadline.