|
''Kitchen v. Herbert'', 961 F.Supp.2d 1181 (D. Utah 2013), ''affirmed'', 755 F.3d 1193 (10th Cir. 2014); ''stay granted'', 134 S.Ct. 893 (2014); ''petition for certiorari denied'', No. 14-124, 2014 WL 3841263 (Oct. 6, 2014), is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities. The U.S. District Court for the District of Utah found the state's ban on same-sex marriage unconstitutional in December 2013. Its order that the state cease enforcing its ban took effect immediately. In January 2014, after stays had been denied by the District Court and the Tenth Circuit, the U.S. Supreme Court granted a stay of the District Court's order pending consideration of the appeal by the Tenth Circuit Court of Appeals. In June 2014, the United States Court of Appeals for the Tenth Circuit affirmed the decision of the district court, finding that Utah's ban on same-sex marriage was unconstitutional, but stayed their mandate pending petition to the Supreme Court. In October 2014, the Supreme Court denied the petition for review without comment and the Tenth Circuit lifted its stay, putting into effect its order ending Utah's enforcement of its same-sex marriage ban. ==Background== On November 2, 2004, Utah Constitutional Amendment 3, which defined marriage as a union exclusively between a man and woman passed by referendum and became part of the Utah State Constitution. On June 26, 2013, in ''United States v. Windsor'', the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions was unconstitutional under the Due Process Clause of the Fifth Amendment, striking down Section 3 of the Defense of Marriage Act (DOMA). On March 25, 2013, attorneys from the Salt Lake City law firm Magleby & Greenwood filed a lawsuit in the United States District Court for the District of Utah on behalf of three same-sex couples, including one already married in Iowa, seeking to declare Utah's prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The plaintiffs are Derek Kitchen and Moudi Sbeity; Laurie Wood and Kody Partridge; and Karen Archer and Kate Call. The court heard arguments on December 4. Peggy A. Tomsic argued for the plaintiffs. Phil Lott and Stan Purser, Assistant Attorneys General, represented the state. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Kitchen v. Herbert」の詳細全文を読む スポンサード リンク
|