(Washington, DC, October 6, 2014)—The United States Supreme Court today declined to review the Tenth Circuit Court of Appeals decision striking down Utah’s marriage ban for same-sex couples, thereby permitting that decision to stand, as well as a similar decision from Oklahoma. The Court also denied review of decisions by the Fourth and Seventh Circuit Courts of Appeals, which had struck down marriage bans in Virginia, Indiana, and Wisconsin.

By denying review of the Kitchen v. Herbert case, the Court let stand the June 2014 decision by the United States Court of Appeals for the Tenth Circuit that found Utah’s ban on marriages by same-sex couples unconstitutional. Today’s decision means that same-sex couples in Utah, Oklahoma, Colorado, Kansas and Wyoming—all in the Tenth Circuit—have a constitutionally protected right to marry and to have their marriages treated equally.

The plaintiff couples in the Utah case are Kody Partridge and Laurie Wood, Derek Kitchen and Moudi Sbeity, and Kate Call and Karen Archer. The couples are represented by Peggy Tomsic of the Salt Lake City law firm Magleby & Greenwood, P.C., Shannon Minter of the National Center for Lesbian Rights (NCLR), Mary Bonauto of Gay & Lesbian Advocates & Defenders (GLAD), and former acting U.S. Solicitor General Neal Katyal of the law firm Hogan Lovells.

“We are thrilled by today’s decision, which means that same-sex couples are now equal citizens of this state,” said Derek Kitchen. “We are honored to be part of this historic moment and to know that as a result of today’s decision by the Supreme Court, never again will same-sex couples and their families be subjected to the discrimination and indignity that has caused so much harm to so many children and families over the years in Utah. This is a great day, and we are grateful to everyone who worked so hard to make it possible.”

“The Supreme Court’s decision today is a long-awaited victory not only for the courageous couples who brought this case, but for the entire state,” said Tomsic. “By allowing the Tenth Circuit’s ruling to stand, the Supreme Court has ensured that same-sex couples and their families in Utah will be treated equally and can have the same protection and stability that other families enjoy.”

Minter, who serves as NCLR legal director, said: “This is a huge step forward for Utah and the entire country. We are hopeful that the other cases pending across the country will also vindicate the freedom to marry so that all couples, no matter where they travel or live, will be treated as equal citizens and have the same basic security and protections for their families that other Americans enjoy.”

Added Bonauto: “This is fantastic news for the citizens of Utah and the 10 other states who are no longer denied the ability to marry or respect for their marriages.  It is also a powerful signal to the many other courts considering the issue that there is no reason to delay and perpetuate the harms to same-sex couples around the nation.”

Kitchen was the first federal district court victory in a marriage equality case after the U.S. Supreme Court struck down the federal Defense of Marriage Act in United States v. Windsor, and the first such victory in a federal court of appeals. Since then, three other federal appeals courts also ruled in favor of the freedom to marry for same-sex couples.

In a letter to Congress on September 4, 2013, Attorney General Eric Holder announced that President Obama has directed the Executive Branc to take steps allowing for same-sex spouses of military veterans to collect federal benefits.

The Attorney General’s letter to Congress can be found aqui.

UTAH MARRIAGE EQUALITY PLAINTIFFS ASK U.S. SUPREME COURT TO REVIEW CASE

Update September 4, 2014: Three diverse voices – those of business, states, and family and equality groups – filed amici curiae briefs in the Kitchen v. Herbert caso. The briefs argue that the high court should take a case or cases in order to resolve the harm and discrimination imposed by marriage bans.

Original Story:

Today, the three couples challenging the State of Utah’s ban on marriage for same-sex couples asked the United States Supreme Court to accept the request of Utah state officials to review the case. In the brief filed today, the plaintiffs argue that Supreme Court review is required because same-sex couples in Utah and across the country urgently need to have the security of marriage wherever they work or travel to fully protect themselves and their families. The brief argues that only a Supreme Court decision affirming their right to marry and to have their marriages respected nationwide can resolve this fundamental inequality.

The plaintiff couples—Kody Partridge and Laurie Wood, Derek Kitchen and Moudi Sbeity, and Kate Call and Karen Archer—argue that state laws banning marriage equality violate the U.S. Constitution’s guarantees of equal protection and due process. The couples, who won favorable decisions from lower federal courts, asked the Supreme Court to review the case because the marriages of same-sex couples will not truly be equal unless they are respected throughout the country.

In their request, the couples say: “At stake in this case is the liberty of an entire class of Americans, who urgently need a ruling from this Court that they are able to marry and to have their marriages recognized on an equal basis with other citizens.  In the past year, lower courts around the country have correctly recognized that state laws prohibiting same-sex couples from marrying violate the Constitution. Yet because these rulings do not apply nationwide, same-sex couples continue to experience great uncertainty and serious harm. They cannot plan for their own and their children’s futures secure in the knowledge that states may not strip them of legal recognition of their familial relationships when they move or travel.”

The couples in the case—Kitchen v. Herbert—are represented by lead counsel  Peggy Tomsic of the Salt Lake City law firm of Magleby & Greenwood, P.C., Shannon Minter of the National Center for Lesbian Rights (NCLR), Mary Bonauto of Gay & Lesbian Advocates & Defenders (GLAD), and  former acting Solicitor General Neal Katyal of the law firm of Hogan Lovells.

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GLAD Civil Rights Project Director Mary Bonauto and Legal Director Gary Buseck have joined colleagues at the Centro Nacional para os Direitos Lésbicos (NCLR) and Utah attorney Peggy Tomsic as counsel in their historic federal case representing same-sex couples seeking the freedom to marry in Utah.

Thanks to the Kitchen v. Herbert legal team’s adept strategy and tireless advocacy, the Utah case was the first federal district court victory striking down a state marriage ban since the U.S. Supreme Court struck down DOMA. It was also the first victory in a federal court of appeals.

And, it is now the first post-DOMA freedom to marry case that the U.S. Supreme Court has been asked to review.

“We are thrilled to work with our friends and colleagues at NCLR on this important case,” says Buseck. “GLAD has a long history of collaborating with NCLR, and we have enormous respect for their legal acumen and determination.”

Among countless other legal victories on behalf of the LGBT community, NCLR played a leading role in making California the second state in the country to win the freedom to marry, in 2008. Legal Director Shannon Minter argued the case in the California Supreme Court, which ruled that the California Constitution guarantees equal dignity to same-sex couples and their families, including the freedom to marry.

“We are also thrilled to be working shoulder to shoulder with lead counsel Peggy Tomsic of the Salt Lake City law firm of Magleby & Greenwood, P.C. who first filed and has so strategically handled this case,” Buseck adds.” Likewise, we are excited about working with the committed Supreme Court experts at the D.C. firm of Hogan Lovells.”

“The Kitchen team offers unparalleled experience and knowledge as the case heads to the Supreme Court for consideration. We hope to use what we’ve learned in our work for the freedom to marry across New England, and as part of the decades-long team effort to develop a national marriage strategy, to bring value to the Utah case and help bring marriage equality to every American.”

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