USA, Utah: Intervention in Marriage Equality Case Rejected

Written by scott on February 4th, 2014

Utah MapThe Tenth Circuit denied a request by Roberta Kaplan, one of the lawyers in the DOMA case, to intervene in the Utah marriage equality case.

The Washington Blade reports:

In a brief one-page order, Elisabeth Shumaker, clerk of the court, indicates the motion to intervene was denied for Roberta Kaplan, a New York attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP. On behalf of three same-sex couples seeking marriage rights in Utah, Kaplan filed a request last week seeking status as an intervenor in the lawsuit. The case is known as Kitchen v. Herbert and is pending before the Tenth Circuit. Joining the lawsuit would have meant having the ability to file intervenor briefs and participate in oral arguments, which are scheduled for April 10.

In related news, the state seems to be relying, at least in part, on the debunked “Regenerus” study so beloved by the anti-gay side.

Joe.My.God reports:

Late last night the outside counsel hired to defend the state of Utah in its same-sex marriage case filed its first brief, which relies heavily on the widely-debunked study by discredited Texas researcher Mark Regnerus.

No matter how many times that study is shown to be false and misleading, they just can’t let it go. I guess because it’s all they have.

Watermark Online has a helpful primer on the marriage equality fight in the state:

As lawmakers move into the second week of a 45-day session, here are five things to know about how gay marriage is playing at the Utah Legislature:

1. THE BAN: Utah’s voter-approved ban on gay marriage was overturned by a federal judge in late December. More than 1,000 gay couples rushed to wed until the U.S. Supreme Court granted Utah’s request to halt the weddings in January. State recognition of same-sex marriages is on hold, and Utah has appealed the decision on the ban to a federal appeals court. The legal saga will develop this spring and beyond, so any changes lawmakers seek to make to the law, which also bans civil unions, would have to wait until at least next year. Legislative leaders said this week that because the court challenge is still playing out, it may make sense for lawmakers to shelf any gay marriage-related bills this year.

Find more articles and gay wedding resources in Utah.


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