Obergefell v. Hodges: The US Supreme Court considers same sex marriage

On Tuesday, April 28, the United States Supreme Court will hear argument relating to cases originating in four states – Kentucky, Michigan, Ohio, and Tennessee – appealed from the Sixth Circuit’s decision to uphold state bans on same-sex marriage. In a 2-1 decision, the Sixth Circuit held that states have the right to define marriage. This was the first circuit court decision to uphold a state ban. Last year, the Tenth Circuit upheld Utah district court case Kitchen v. Herbert, which struck down Utah’s ban on same-sex marriage. Oral argument…

An Insider’s Look at the10th Circuit Kitchen v. Herbert Ruling

Yesterday, the Tenth Circuit upheld Judge Shelby’s decision and ruled that Utah’s marriage bans are unconstitutional.  In so holding, the court ruled that marriage is a fundamental right and that any deprivation of this right is subject to strict scrutiny.  Since this is the first circuit court decision on the issue since Windsor, the opinion provides an especially instructive interpretation of that case, as well as a potential framework for future circuit-level decisions on the issue consistent with Supreme Court precedent.

Kitchen Sink: The Ultimate Fate of Utah’s Amendment 3

With the 10th Circuit invalidating Utah’s Amendment 3 forbidding gay marriage in Herbert v. Kitchen, Utah has two options: let it go or keep fighting. Ultimately, while it may be more politically impactful to fight the 10th Circuit’s ruling, the result will be the same: gay marriage will be legal and lawful throughout the United States. This is a battle that was lost in 2003, the moment the Supreme Court invalidated Texas’ anti-sodomy laws with Lawrence v. Texas.

10th Circuit Denies Appeal of Kitchen v. Herbert: Full Opinion

  Related articles Gene Schaerr Leads the Utah Appeal of Kitchen v. Herbert (publiusonline.com) 10th Circuit Court of Appeals to hear same-sex marriage arguments (bizjournals.com) TODAY: Tenth Circuit to Hear Argument in Utah Marriage Case (hrc.org) Constitution Check: Has the Supreme Court already tipped its hand on same-sex marriage? (constitutioncenter.org) Eyes on 10th Circuit for Utah, Okla. marriage arguments (washingtonblade.com) Utah headed to Supreme Court after court refuses to stop gay weddings (usnews.nbcnews.com)

Thoughts on the Latest in the Utah Same Sex Marriage Litigation

People following the litigation over same sex marriage in Utah have gotten good taste of the real thing: opposing sides villainizing each other, long periods of no progress followed by short bursts of action, and a convoluted procedural path that both sides try to reduce to an unrealistically clear arc ending conveniently in their absolute victory. Joking  aside (there was a *little* bit of humor there), this has been an action-packed week, and people can be forgiven for being a more than a little confused about where we are at this…

5 Thoughts on the Kitchen v. Herbert Argument

For those who somehow didn’t hear, yesterday was the oral argument in the Kitchen v. Herbert appeal at the Tenth Circuit Court of Appeals in Denver. Since there are few things I enjoy doing more than listening to a well-argued appeal, I listened to the arguments online yesterday afternoon and have a few thoughts that I thought I would throw out there for anyone who’s interested.  If you’re inclined to listen to the argument yourself, you can find an MP3 here. (1) The State of Utah and the Plaintiffs are…