Kitchen v. Herbert

Kitchen v. Herbert is a federal court challenge to Utah's constitutional ban on same-sex marriage, filed March 25, 2013, in U.S. District Court for the District of Utah. The plaintiffs are three same-sex couples: Derek Kitchen and Moudi Sbiety, Laurie Wood and Kody Partridge, and Karen Archer and Kate Call.

On December 20, 2013, the U.S. District Judge Robert J. Shelby found the state's ban on same-sex marriage unconstitutional and his order that the state cease enforcing its ban took effect immediately. On January 6, 2014, 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 after stays were denied by the District Court and the Tenth Circuit.

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Sean Reyes

Utah AG says defense of state’s gay marriage ban is not about hate

Friday, April 11, 2014
SALT LAKE CITY — Utah Attorney General Sean Reyes said Friday during a rally of gay marriage opponents that his defense of the state's same-sex marriage ban in a federal appeals court is not motivated by hate. [ Read more → ]
The Byron White U.S. Courthouse in Denver, the seat of the U.S. Court of Appeals for the 10th Circuit.

AUDIO: Tenth Circuit appeals panel hears arguments on Utah gay marriage ban

Thursday, April 10, 2014
DENVER — A three-judge panel heard arguments Thursday on whether they should uphold separate rulings by two federal judges that threw out same-sex marriage bans in Utah and Oklahoma. [ Read more → ]
As viewed through a fisheye lens, Anna Simon of Denver carries a sign about the state of her marriage to her partner at a protest outside the Federal Courthouse in downtown Denver on Wednesday, April 9, 2014. The protest, sponsored by Support Marriage Equality in Colorado, was held as a federal appeals court weighs inside the Denver courthouse whether to give an important victory to gay couples' right to marry in Utah and Oklahoma.

Utah same-sex marriage appeal cued up before the Tenth Circuit today

Thursday, April 10, 2014
DENVER -- The U.S. Court of Appeals for the Tenth Circuit on Thursday becomes the second federal appeals court to tackle the question of whether statewide laws banning same-sex couples from marrying violate the U.S. Constitution. [ Read more → ]
Nine-year-old Lillian Gutierrez, left, joins her mother, Veronica, both of Denver, in waving placards at a protest outside the Federal Courthouse in downtown Denver on Wednesday, April 9, 2014. The protest, sponsored by Support Marriage Equality in Colorado, was held as a federal appeals court weighs inside the Denver courthouse whether to give an important victory to gay couples' right to marry in Utah and Oklahoma.

What’s next in the legal odyssey to achieve marriage equality across the land?

Thursday, April 10, 2014
Thursday's hearing in Denver marks the first time a same-sex marriage case has been heard by an appellate court since last year's U.S. Supreme Court ruling that struck down the Defense of Marriage Act. [ Read more → ]
Corbin Aoyagi, a supporters of gay marriage, waves his flag during a rally at the Utah State Capitol, Tuesday, Jan. 28, 2014, in Salt Lake City.

Tenth Circuit preview: Utah’s same-sex marriage ban faces appeals panel

Tuesday, April 8, 2014
The Tenth Circuit U.S. Court of Appeals this week will become the second federal appeals court to tackle the question of whether statewide laws banning same-sex couples from marrying violate the U.S. Constitution. [ Read more → ]
Derek Kitchen, left, and Moudi Sbeity sit on their couch at their home, in Salt Lake City.

Gay couple becomes the face of same-sex marriage in Utah

Monday, April 7, 2014
SALT LAKE CITY -- Derek Kitchen was a teenager still coming to grips with his sexual orientation when yard signs began popping up throughout his suburban Salt Lake City neighborhood in 2004 supporting an amendment to ban same-sex marriage... [ Read more → ]
Utah

Utah attorneys: Gay marriage ruling is an ‘unprincipled judicial wrecking ball’

Saturday, March 15, 2014
SALT LAKE CITY — Utah state attorneys told a federal appeals court late Friday that the state's same-sex marriage ban should be upheld because such matters are best left to states to resolve. [ Read more → ]
Corbin Aoyagi, a supporters of gay marriage, waves his flag during a rally at the Utah State Capitol, Tuesday, Jan. 28, 2014, in Salt Lake City.

Dozens of supporting briefs filed in Utah, Okla., same-sex marriage cases

Wednesday, March 5, 2014
SALT LAKE CITY -- More than 50 groups, organizations and coalitions have weighed in on gay marriage cases in Utah and Oklahoma with supporting court briefs — giving a Denver-based federal appeals court thousands of pages of arguments to consider. [ Read more → ]
For,er U.S. Sens. Alan Simpson (R-Wyo.) and Nancy Kassebaum (R-Kan.)

Group of current, former GOP lawmakers file brief supporting same-sex marriage

Tuesday, March 4, 2014
SALT LAKE CITY — A group of Republicans has come out in support of legalizing gay marriage in Utah and Oklahoma, arguing that allowing same-sex unions is consistent with the Western conservative values of freedom and liberty once championed by Ronald Reagan and Barry Goldwater. [ Read more → ]
Rick Bowmer, APDerek Kitchen, left, and his partner Moudi Sbeity, right, talk with the media outside Frank E. Moss United States Courthouse following court on Wednesday, Dec. 4, 2013, in Salt Lake City.

Plaintiffs in Utah same-sex marriage case file brief with appeals court

Wednesday, February 26, 2014
SALT LAKE CITY — Attorneys for three gay and lesbian couples have filed a brief with an appeals court contesting Utah's same-sex marriage ban, which a federal judge overturned in December. [ Read more → ]
Derek Kitchen (left) and his partner Moudi Sbeity are lead plaintiffs in the challenge to Utah's ban on same-sex marriage.

Plaintiffs in Utah same-sex marriage case get engaged

Sunday, February 16, 2014
Derek Kitchen, the lead plaintiff in Kitchen v. Herbert, the federal court challenge to Utah's constitutional ban on same-sex marriage, made a Valentine's Day proposal to his partner and co-plaintiff, Moudi Sbeity, at the Equality Ball in Salt Lake City on Friday evening. [ Read more → ]
Douglas C Pizac, APThe Mormon Temple spires in Salt Lake City, next to the Utah Capitol building.

Mormon church, religious groups weigh in on Utah’s same-sex marriage ban

Monday, February 10, 2014
SALT LAKE CITY — A coalition of religious organizations has come together to urge a federal appeals court to uphold same-sex marriage bans in Utah and Oklahoma, saying unions between a man and woman are best for children, families and society. [ Read more → ]
Rick Bowmer, APOpponents of same-sex marriage show their support during a rally at the Utah State Capitol Tuesday, Jan. 28, 2014, in Salt Lake City.

Utah defends gay marriage ban: Marriage is ‘principally a child-centered institution’

Tuesday, February 4, 2014
SALT LAKE CITY — Utah state attorneys filed their opening argument to the federal appeals court reviewing the state's same-sex marriage ban, saying the optimal environment for raising children is with a mother and father. [ Read more → ]
The Byron White U.S. Courthouse in Denver, the seat of the U.S. Court of Appeals for the 10th Circuit.

Appeals court gives Utah more time to prepare for same-sex marriage case

Tuesday, January 21, 2014
SALT LAKE CITY — A federal appeals court has granted Utah’s request for more time to prepare opening arguments in defense of the state’s same-sex marriage ban. [ Read more → ]
Matthew Barraza and Tony Milner, with their 4-year-old son, Jesse, are plaintiffs in the ACLU suit against Utah.

ACLU sues Utah for not recognizing same-sex couples’ marriages

Tuesday, January 21, 2014
SALT LAKE CITY --The American Civil Liberties Union is challenging the state of Utah over its decision to stop granting new benefits to hundreds of newly married same-sex couples. [ Read more → ]
Derek Kitchen (left) and his partner Moudi Sbeity are lead plaintiffs in the challenge to Utah's ban on same-sex marriage.

Lawyers for same-sex couples fight Utah’s request for delay in appeal

Sunday, January 19, 2014
SALT LAKE CITY -- Lawyers for Utah's same-sex couples are asking a federal appeals court to deny state officials' request for more time to prepare arguments in defense of Utah's same-sex marriage ban. [ Read more → ]
utah-marriage-license

Utah asks court for more time to prepare defense of state’s gay marriage ban

Friday, January 17, 2014
SALT LAKE CITY -- Utah state officials are asking a federal appeals court for more time to prepare arguments in defense of the state's same-sex marriage ban - in part to be able bring their newly-chosen team of private attorneys up to speed. [ Read more → ]
Steve C. Wilson, APMarriage equality supporters of gay marriage fill the rotunda as they gather to rally at the Utah State Capitol in Salt Lake City to deliver over 58,000 petition signatures in support of same-sex marriage to Utah Governor Gary Herbert Jan. 10, 2014.

Utah governor flooded with calls, letters for and against same-sex marriage

Thursday, January 16, 2014
SALT LAKE CITY -- More than 2,700 calls, emails and letters flooded the Utah governor's office in the days and weeks after a surprise ruling legalized gay marriage in the state. [ Read more → ]
Utah-flag

Utah to pay outside attorneys $300K to help defend same-sex marriage ban

Thursday, January 16, 2014
SALT LAKE CITY -- Utah will spend $300,000 to bring in a team of three outside attorneys to help defend the state's same-sex marriage ban before a federal appeals court. [ Read more → ]
Eric Holder

Federal government says it recognizes Utah same-sex marriages

Friday, January 10, 2014
WASHINGTON -- Attorney General Eric Holder on Friday extended federal recognition to the marriages of more than 1,000 same-sex couples in Utah that took place before the Supreme Court put those unions in the state on hold. [ Read more → ]
Attorney General Sean Reyes (R-Utah)

Utah AG instructs county clerks to finish gay marriage paperwork

Thursday, January 9, 2014
SALT LAKE CITY -- Utah Attorney General Sean Reyes is directing county clerks to complete the paperwork for any same-sex marriages completed before Supreme Court halted the weddings on Monday. [ Read more → ]
Hundreds of same-sex couples wrapped around two floors at the Salt Lake County Complex on Dec.   23 waiting to obtain marriage licenses.

Advocacy groups mobilize to support married, same-sex couples in Utah

Thursday, January 9, 2014
LGBT advocacy groups on Thursday began mobilizing efforts in response to Utah governor Gary Herbert's announcement Wednesday that the state was putting "on hold" the recognition of same-sex unions performed after a federal judge ruled against Utah's ban on same-sex marriage. [ Read more → ]
Kim Raff, APJ. Seth Anderson, left, and Michael Ferguson were one of the first couples married after a Utah judge declared the state's ban on same-sex marriage unconstitutional on Dec. 20.

Supreme Court stay complicates marriages of same-sex couples in Utah

Wednesday, January 8, 2014
SALT LAKE CITY -- Michael Mathie proposed to his partner Tyler McCraley on Christmas. The next day, they joined the historic rush of same-sex couples getting marriage licenses in Utah. [ Read more → ]
Gov. Gary Herbert (R-Utah)

Utah: ‘Recognition of same-sex marital status ON HOLD until further notice’

Wednesday, January 8, 2014
SALT LAKE CITY — Utah governor Gary Herbert’s office late Tuesday instructed state agencies not to recognize the marriages of same-sex couples that were solemnized in the 17 days between a federal judge’s ruling to allow same-sex marriage in Utah, and the U.S. Supreme Court decision Monday to stay the ruling pending appeal. [ Read more → ]
Francisco Kjolseth, The Salt Lake Tribune (AP)Heather, left, and Jax Collins of West Jordan join hundreds of other same-sex couples descending on county clerk offices around the state of Utah last month to request marriage licenses.

Married same-sex couples in Utah in ‘legal limbo’ after Supreme Court stay

Monday, January 6, 2014
SALT LAKE CITY — Married same-sex couples in Utah were thrust into legal limbo Monday after the U.S. Supreme Court put a halt to same-sex marriages in the state, turning jubilation to doubt just weeks after a judge’s ruling sent people rushing to get married. [ Read more → ]
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