Same-sex marriage in Utah

UtahEvans v. Herbertlegally recognized in Utahsame-sex marriagesame-sex marriage in the stateSame-sex marriages
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S.wikipedia
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Same-sex marriage

gay marriagemarriage equalitysame sex marriage
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S. District Court for Utah ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violated the U.S. Constitution.

Kitchen v. Herbert

Herbert v. KitchenUtahUtah case
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S. District Court for Utah ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violated the U.S. Constitution.
In response to Utah's decision to put its recognition of these marriage by same-sex couples "on hold", the ACLU filed Evans v. Herbert on January 21 in federal court on behalf of several same-sex couples married during the 17 days Shelby's decision was in effect.

Robert J. Shelby

Robert Shelby
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S. District Court for Utah ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violated the U.S. Constitution.
On December 20, 2013, Judge Shelby struck down Amendment 3 of Utah’s State Constitution, which defined marriage as a union solely between a man and a woman, opening the way for same-sex marriage in the state.

Same-sex marriage in the Tenth Circuit

Tenth Circuit Court of AppealsTenthTenth Circuit
The state 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 consists of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.

LGBT rights in Utah

Utahnondiscrimination law in Utah
Same-sex marriage has been legal since the state's ban on same-sex marriage was ruled unconstitutional by a federal court on October 6, 2014.

Gary Herbert

Gary R. HerbertGovernor Gary HerbertGov. Gary R. Herbert
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."
Following the legalization of same-sex marriage in Utah by a US district court ruling on December 20, 2013, Herbert's office issued a statement immediately following the ruling: "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."

Utah

UTState of UtahUtah, U.S.
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S. District Court for Utah ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violated the U.S. Constitution.

United States District Court for the District of Utah

U.S. District Court for the District of UtahDistrict of UtahD. Utah
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S. District Court for Utah ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violated the U.S. Constitution. On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States 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 United States Constitution.

Constitution of the United States

United States ConstitutionU.S. ConstitutionConstitution
Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage licenses to same-sex couples as the result of Judge Robert J. Shelby of the U.S. District Court for Utah ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violated the U.S. Constitution.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
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. The United States Supreme Court stayed the ruling on January 6, 2014, while the Tenth Circuit Court of Appeals in Denver considered the case. 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, which denied federal recognition to same-sex marriages, unconstitutional.

Denver

Denver, ColoradoDenver, COCity and County of Denver
The United States Supreme Court stayed the ruling on January 6, 2014, while the Tenth Circuit Court of Appeals in Denver considered the case.

Precedent

stare decisislegal precedentbinding precedent
On June 25, 2014, the Tenth Circuit upheld the lower court ruling, a decision that sets a precedent for every state within the circuit.

Utah State Legislature

Utah Territorial LegislatureUtah LegislatureState Legislature
In 1977, the Utah State Legislature passed a statutory law banning same-sex marriage in the state.

Utah House of Representatives

Utah State House of RepresentativesUtah HouseHouse of Representatives
In 1995, the Utah House of Representatives passed H.B. 366, a bill banning recognition of out of state same-sex marriages and same-sex unions in the state.

Utah State Senate

Utah SenateUtah State SenatorState Senator
On March 1, 1995, the Utah State Senate voted 24–1 in favor of the bill. On March 3, 2004, the Utah State 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".

Mike Leavitt

Michael O. LeavittMichael LeavittGovernor Michael O. Leavitt
On the same day, Governor Mike Leavitt signed the bill into law.

Olene Walker

Olene S. Walker
On March 23, 2004, Olene Walker signed the bill into law and the law went into effect on the same day.

Utah Constitutional Amendment 3

UtahAmendment 3Constitutional Amendment 3
On March 3, 2004, the Utah State 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".

Same-sex marriage in Iowa

IowaSame-sex marriageslegally married
On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States 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 United States Constitution.

Due Process Clause

due processdue process of lawdue process rights
On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States 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 United States Constitution.

Equal Protection Clause

equal protectionequal protection of the lawsEqual Protection Clause of the Fourteenth Amendment
On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States 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 United States Constitution.

United States v. Windsor

Windsor v. United StatesWindsor5-4 vote
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, which denied federal recognition to same-sex marriages, unconstitutional.

Defense of Marriage Act

DOMADefense of Marriage Act (DOMA)Defense of Marriage
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, which denied federal recognition to same-sex marriages, unconstitutional.

Jim Dabakis

Utah State Senator Jim Dabakis, chairman of the Utah Democratic Party, was one of the first to get married in Salt Lake City.