For Utah, it’s Supreme Court or bust. After losing its appeal and becoming the first state in which a federal appeals court found marriage to be a fundamental right of all people — gay, straight or otherwise — Utah is done biding its time. The state wants resolution and finality. And it wants it now.
This week, Utah bypassed another appeal to the full 10th Circuit. The state will instead appeal directly to the U.S. Supreme Court “in coming weeks,” the attorney general’s office said.
The Kitchen v. Herbert lawsuit, which toppled Utah’s same-sex marriage ban late last year, is the first state same sex marriage lawsuit to go through the appeals processes and is first in line to reach the Supreme Court. But, experts warn, the path to the highest court in the country is anything but simple. The U.S. Supreme Court, which is on its summer hiatus until October, has complete discretion over whether it will hear the case.