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Appeals court rejects request by DOMA attorney to join Utah marriage hearing

Monday, February 3, 2014

SALT LAKE CITY — A federal appeals court says it will not allow an attorney representing three same-sex Utah couples to take part in an upcoming hearing on the state’s gay marriage ban.

Roberta Kaplan

Roberta Kaplan

The 10th Circuit Court of Appeals issued its ruling Monday. The three couples, who are not plaintiffs in the case, asked the court to let New York attorney Roberta Kaplan participate in the April 10 hearing on their behalf.

Kaplan was the attorney who represented Edith Windsor in last year’s case before the U.S. Supreme Court that struck down part of the Defense of Marriage Act.

There are already three gay and lesbian Utah couples in the lawsuit that led a federal judge to overturn Utah’s voter-approved ban on gay marriage in late December.

The state is expected to file its first brief in the appeals case late Monday night.

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16 more reader comments:

  1. The conservatives just need to stop wasting time and money.

    Posted on Tuesday, February 4, 2014 at 12:39am
  2. Good!

    Posted on Tuesday, February 4, 2014 at 12:41am
  3. Good, they had no right to intervene.

    Posted on Tuesday, February 4, 2014 at 12:52am
  4. I wanna get marriege i getting old and need someone to get gray

    Posted on Tuesday, February 4, 2014 at 1:14am
  5. How shameful of these anti-marriage equality people to be so proud of their despicable behaviors and actions! This is totally representative of their core being, which is full of hatred and self-righteousness! Their behaviors are neither Moral, nor are they becoming of an American who truly & honestly believes in the FUNDAMENTAL right of EVERY Citizen to have the ABSOLUTE RIGHT TO “Life, Liberty & the Pursuit of Happiness!” YES, I SAID ABSOLUTE! We all know “these people” are the first to scream that we are stomping on their “religious liberties”, and they have the God given right to a pass on their unabashed & unapologetic bigotry! Because we all know that anyone who doesn’t believe in their religious ways is ruled by Satan and deserving of death and an eternity in Hell! Folks, there is no argument here. For all we have to do is refer “these people” to the U.S. Constitution which EXPRESSLY DEFINES the Separation of Church and State! It is enshrined in the United States Constitution for a reason. Yes, believe it or not, the Founding Fathers had the forethought and sensibility to know that we could not prevail as a land for “We The People”, if relgion was allowed to be at the center of our Government! History has taught us well in that regard. Just take a quick look at what’s going on now and in the past with the Middle East! That alone should make everyone say, No Thank you!

    Posted on Tuesday, February 4, 2014 at 1:20am
  6. Court needs to come into 21st century!

    Posted on Tuesday, February 4, 2014 at 1:23am
  7. Conservatives please stop meddling with peoples lives.

    Posted on Tuesday, February 4, 2014 at 1:25am
  8. Some people just can’t accept difference, can they? Equality 4 ever :)

    Posted on Tuesday, February 4, 2014 at 2:07am
  9. Thank you, they do more harm than good to this world

    Posted on Tuesday, February 4, 2014 at 2:57am
  10. Once again, everyone’s commenting without even reading the article. If you did, you’d know that she is the DOMA attorney who represented Edith Windsor and won the case in the Supreme Court! She wanted to help argue against Utah’s ban.

    Posted on Tuesday, February 4, 2014 at 3:03am
  11. I wonder when the taxpayers of UT will demand that their tax dollars no longer be used for hatred and bigotry in violation of the 14th Amendment of the US Constitution.

    Posted on Tuesday, February 4, 2014 at 3:18am
  12. This page more than any other I’ve seen shows that people don’t read the article. Read before making posts. Read it again, two or three times. And then tell me how this is a good thing?

    If you said this was good, you didn’t read the article. Shame on you.

    Posted on Tuesday, February 4, 2014 at 6:51am
  13. Why the hell isn’t the attorney allowed?

    Posted on Tuesday, February 4, 2014 at 6:54am
  14. Let the smack down begin!! :)

    Posted on Tuesday, February 4, 2014 at 11:16am
  15. @Randy and Brandon. I read the article. The reason she has no right to intervene, is because she is not a party to the case. Just because you’re an attorney, doesn’t give you the right to intervene in any case you please.

    Posted on Tuesday, February 4, 2014 at 2:48pm
  16. She wasn't seeking to intervene on her own behalf. She's an attorney representing 3 same-sex couples in Utah who have a legitimate interest in the outcome of the case. Suits such as this are often expanded to include additional plaintiffs (as has occurred in Ark., Va., West Va.), some of which are expanded to class action (also Va.)

    Replied on Tuesday, February 4, 2014 at 3:46pm