Questions have being raised about standing in the 10th Circuit appeal of Kitchen v. Herbert, the ruling striking down Utah’s ban on gay marriage, and some believe the court could dismiss the case because the proper defendants were not named in the suit… During Utah’s arguments last week, Judge Jerome A. Holmes — widely considered to be the “vote to get” in the case — asked Tomsic to explain why the defendants her plaintiffs had singled out were appropriate. Further, he asked whether the state continued to have the right to appeal the case, given that Salt Lake County Clerk Sherrie Swensen declined to appeal Judge Shelby’s Dec. 20 decision to overturn Utah’s same-sex marriage ban. “You sued the clerk of court,” Holmes said, referring to Swensen. “But the clerk of court is not on the appeal, and, it would seem to me that creates a fundamental basis for concern about where jurisdiction lies in this case.”
Marriage equality cases seem to regularly involve standing issues – is it because there is something inherent in the fight for marriage equality. or is this just a standard tool of the opposition to try to derail them?