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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.

[ Case summary ] [ Complaint ] [ Plaintiffs Plaintiffs ] [ Order ]

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Utah’s LGBT community celebrates anniversary of landmark marriage ruling

Saturday, December 20, 2014
Kim Raff, APChris Serrano, left, and Clifton Webb kiss after being married, as people wait in line to get licenses outside of the marriage division of the Salt Lake County Clerk's Office in Salt Lake City, Friday, Dec. 20, 2013.
Saturday is the anniversary of a federal's judge's landmark ruling striking down Utah's ban on same-sex marriage. [...]

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Utah governor directs state agencies to begin recognizing same-sex marriage

Monday, October 6, 2014
Plaintiffs, from left, Moudi Sbeity, his partner Derek Kitchen, Kody Partridge and her wife, Laurie Wood, celebrate following a news conference Monday, Oct. 6, 2014, in Salt Lake City. The U.S. Supreme Court on Monday rejected an appeal from Utah and four other states that had sought to bar marriage between gay couples.
SALT LAKE CITY -- Gay couples in Utah celebrated and sought marriage licenses Monday after the U.S. Supreme Court cleared the way for them to marry there and in 30 other states by rejecting an appeal that sought to ban same-sex unions. The denial of the appeal by Utah and [...]

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Tenth Circuit lifts stay: Same-sex marriage now legal in Utah, Oklahoma

Monday, October 6, 2014
Plaintiffs challenging Utah's gay marriage ban, from left, Derek Kitchen, his partner Moudi Sbeity, Kate Call, her partner Karen Archer, Laurie Wood and her partner Kody Partridge stand together after leaving court following a hearing at the U.S. Circuit Court of Appeals in Denver, Thursday, April 10, 2014.
DENVER -- A federal appeals court has lifted its stay in gay marriage cases in Oklahoma and Utah, clearing the way for same-sex nuptials to begin in both states. The 10th U.S. Circuit Court of Appeals in Denver lifted the stays Monday after the U.S. Supreme Court declined to take [...]

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80 Utah lawmakers warn Supreme Court that gay marriage could lead to polygamy, incest

Wednesday, September 10, 2014
Utah state capitol in Salt Lake City.
SALT LAKE CITY -- Eighty members of the Utah state legislature have filed a brief asking the U.S. Supreme Court to reverse a federal appeals court ruling striking down Utah's same-sex marriage ban, because allowing gay to marry could lead to incestuous and polygamous marriages. The amicus brief supporting Utah's [...]

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Plaintiffs in Utah same-sex marriage case ask for Supreme Court review

Thursday, August 28, 2014
From left, plaintiffs Moudi Sbeity and Derek Kitchen, Kate Call, Laurie Wood and Kody Partridge, five of the six people who brought the lawsuit against the Utah's gay marriage ban, stand together at a news conference outside their lawyers office Wednesday, June 25, 2014, in Salt Lake City. (Call's partner, Karen Archer, was not able to attend.)
SALT LAKE CITY -- Attorneys for three Utah gay and lesbian couples formally asked the U.S. Supreme Court on Thursday to take Utah's appeal of a favorable same-sex marriage ruling, following through on what they said they would do earlier this month. The plaintiffs say they are taking this somewhat [...]

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Utah same-sex couples ask Supreme Court to hear appeal

Thursday, August 7, 2014
From left, plaintiffs Moudi Sbeity, Derek Kitchen, Laurie Wood and Kody Partridge, two of the three couples who brought the lawsuit against Utah's gay marriage ban, stand together at a news conference outside their lawyer's office in Salt Lake City on Wednesday, June 25, 2014.
SALT LAKE CITY -- Even though they scored a key victory in federal appellate court, attorneys for three Utah gay and lesbian couples said Thursday they plan to ask the U.S. Supreme Court to take Utah's appeal of a favorable gay marriage ruling. It is vital that the justices weigh [...]

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Utah files same-sex marriage appeal to U.S. Supreme Court

Tuesday, August 5, 2014
U.S. Supreme Court
SALT LAKE CITY -- The state of Utah filed its appeal of a gay marriage ruling to the U.S. Supreme Court on Tuesday, becoming the first state to ask the justices to review a state same-sex marriage ban since the high court struck down part of the federal Defense of [...]

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Utah taking appeal of same-sex marriage ruling to U.S. Supreme Court

Wednesday, July 9, 2014
Utah state capitol in Salt Lake City.
SALT LAKE CITY -- Utah is going directly to the nation's highest court to challenge a federal appeals court's finding that gay couples have a constitutional right to marry, the state attorney general's office announced Wednesday. The state opted to appeal the decision to the U.S. Supreme Court rather than [...]

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Utah AG misses filing deadline in appeal of same-sex marriage ruling

Tuesday, July 1, 2014
Sean Reyes
Utah Attorney General Sean Reyes missed a filing deadline Monday set by the U.S. Court of Appeals for the Tenth Circuit in the state's appeal of December's ruling striking down Utah's same-sex marriage ban, reports The Salt Lake Tribune. [...]

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Utah ruling pushes same-sex marriage another step closer to Supreme Court

Thursday, June 26, 2014
From left, plaintiffs Moudi Sbeity, Derek Kitchen, Laurie Wood and Kody Partridge, two of the three couples who brought the lawsuit against Utah's gay marriage ban, stand together at a news conference outside their lawyer's office in Salt Lake City on Wednesday, June 25, 2014.
DENVER — The first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage? The court danced [...]

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