Case: Kitchen v. Herbert

2:13-cv-00217 | U.S. District Court for the District of Utah

Filed Date: March 25, 2013

Clearinghouse coding complete

Case Summary

On March 25, 2013, three same-sex couples residing in Utah, one of which was legally married in Iowa, filed a lawsuit in the United States District Court for the District of Utah under 42 U.S.C. § 1983 against the state of Utah. The plaintiffs, represented by private counsel, asked the court for a declaration that Amendment 3 to the Utah Constitution and Utah Code Ann. § 30-1-2(5) violated the Fourteenth Amendment's due process clause and equal protection clause by denying same-sex couples the …

On March 25, 2013, three same-sex couples residing in Utah, one of which was legally married in Iowa, filed a lawsuit in the United States District Court for the District of Utah under 42 U.S.C. § 1983 against the state of Utah. The plaintiffs, represented by private counsel, asked the court for a declaration that Amendment 3 to the Utah Constitution and Utah Code Ann. § 30-1-2(5) violated the Fourteenth Amendment's due process clause and equal protection clause by denying same-sex couples the opportunity to marry or have Utah recognize marriages entered into in other states. The plaintiffs asked for a permanent injunction preventing the defendants from enforcing both the amendment and the law and compelling the defendants to recognize the Iowa marriage as legal in Utah. The plaintiffs also sought attorney's fees.

Section 31-1-2 of the Utah Code was amended in 1977, to state that marriages "between persons of the same sex" were "prohibited and declared void." In 2004, the legislature passed section 30-1-4.1 of the Utah Code, which provides:

(a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.

(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and woman because they are married.

In addition, the Utah Constitution was amended by referendum on Nov. 2, 2004 (with 66% of the voters approving the amendment) to include the following text:

(1) Marriage consists only of the legal union between a man and a woman.

(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

In this case, District Judge Robert Shelby, held on December 20, 2013, decided the case for the plaintiffs, declaring the same-sex marriage ban unconstitutional and enjoining the state from enforcing the relevant sections of the Utah Code and Constitution. Given the Supreme Court's opinion in Windsor v. United States, the court held, "the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law." The plaintiffs had, Judge Shelby found, a fundamental right to marry, and an inability to "develop the type of intimate bond necessary to sustain a marriage with a person of the opposite sex." Moreover, neither Utah's law nor the constitutional amendment served a rational basis: two of the asserted justifications (promoting responsible procreation within marriage; promoting the ideal arrangement that children be raised by both a father and a mother in a stable family unit) were not served by the ban on same-sex marriage, and the justification of preserving the traditional definition of marriage was insufficiently weighty. The court observed that "The State's position appears to be based on an assumption that the availability of same-sex marriage will somehow cause opposite-sex couples to forego marriage," but found that view unsupported by evidence, whereas the harm experienced by same-sex couples was "undisputed." The court compared Utah's arguments to those made by Virginia in 1966, before the Supreme Court, defending the ban on interracial marriage.

The state sought a stay and filed an appeal, but Judge Shelby denied the application, as did the 10th Circuit Court of Appeals. While the stay applications (there were several, on different grounds) were pending, about 1300 Utah couples got married. The state applied to the Supreme Court for a stay, and on January 6, 2014, that was granted, "pending final disposition of the appeal" before the 10th Circuit. This raised the issue of the status of the 1300 marriages celebrated in the prior two weeks. On January 8, the Utah Attorney General, Sean Reyes, declined to state whether the marriages remained effective, but Governor Gary Herbert's child of staff that same day directed all state agencies that recognition of the marriages was "ON HOLD until further notice." That is, "For example, if a same-sex married couple previously changed their names on new drivers licenses, those licenses should not be revoked. If a same-sex couple seeks to change their names on drivers licenses now, the law does not allow the state agency to recognize the marriage therefore the new drivers licenses cannot be issued."

U.S. Attorney General Eric Holder took a different position, however: he announced on January 10 that "for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages." Several states have followed the same approach.

On June 25, 2014, the 10th Circuit Court of Appeals affirmed. Utah's ban on same-sex marriage, the court held in an opinion by Judge Lucero, violated the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state's marital laws, protected by the 14th Amendment under the doctrine of substantive due process. Kitchen v. Herbert, 2014 WL 2868044 (10th Circuit 2014). Judge Kelly dissented.

The Court of Appeals stayed operation of its decision pending filing/disposition of a petition seeking Supreme Court review. On October 6, 2014, the U.S. Supreme Court denied the petition for writ of certiorari. Herbert v. Kitchen, 135 S. Ct. 271 (2014). As a result, the 10th Circuit lifted its stay and Utah clerks county began issuing marriage licenses to same-sex couples.

Summary Authors

Katrina Fahey (10/11/2013)

David Hamstra (4/16/2015)

Related Cases

Evans v. Utah, District of Utah (2014)

Burns v. Hickenlooper, District of Colorado (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4402914/parties/kitchen-v-herbert/


Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Shelby, Robert James (Utah)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Magleby, James E (Utah)

Parrish, Jennifer F (Utah)

Tomsic, Peggy A (Utah)

Attorneys(s) for Defendant

Chamness, Ralph E. (Utah)

Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Shelby, Robert James (Utah)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Magleby, James E (Utah)

Parrish, Jennifer F (Utah)

Tomsic, Peggy A (Utah)

Attorneys(s) for Defendant

Chamness, Ralph E. (Utah)

Goddard, Darcy M. (Utah)

Lott, Philip S. (Utah)

Purser, Stanford Edward (Utah)

Reyes, Sean D. (Utah)

Schaerr, Gene C. (District of Columbia)

Tarbet, Philip S. (Utah)

Walkenhorst, Steve (Utah)

Other Attorney(s)

Babione, Byron J. (Arizona)

Block, Joshua A (New York)

Holder, Eric H. Jr. (District of Columbia)

Kendell, Kathryn D. (California)

Mejia, John (Utah)

Mylar, Frank D. (Utah)

Documents in the Clearinghouse

Document

2:13-cv-00217

Docket [PACER]

Oct. 6, 2014

Oct. 6, 2014

Docket
2

2:13-cv-00217

Complaint

March 25, 2013

March 25, 2013

Complaint
90

2:13-cv-00217

Memorandum Decision and Order [Granting Plaintiffs' Motion for Summary Judgment]

961 F.Supp.2d 1181, 2013 WL 6697874

Dec. 20, 2013

Dec. 20, 2013

Order/Opinion
105

2:13-cv-00217

Order on Motion to Stay

2013 WL 6834634

Dec. 23, 2013

Dec. 23, 2013

Order/Opinion
01019177089

13-04178

PLAINTIFFS-APPELLEES’ OPPOSITION TO STATE DEFENDANTS-APPELLANTS’ EMERGENCY MOTIONS FOR STAY PENDING APPEAL AND TEMPORARY STAY PENDING RESOLUTION OF MOTION TO STAY

U. S. Court of Appeals for the Tenth Circuit

Dec. 23, 2013

Dec. 23, 2013

Pleading / Motion / Brief
01019177091

2:13-cv-00217

Defendant's Motion to Stay Pending Appeal Before the Honorable Robert J. Shelby United States District Court Judge

Dec. 23, 2013

Dec. 23, 2013

Transcript
01019177155

13-04178

ORDER DENYING EMERGENCY MOTION FOR STAY AND TEMPORARY MOTION FOR STAY

U. S. Court of Appeals for the Tenth Circuit

Dec. 24, 2013

Dec. 24, 2013

Order/Opinion

13-00687

Order in Pending Case [Stay granted]

Herbert v. Kitchen

Supreme Court of the United States

134 S.Ct. 893

Jan. 6, 2014

Jan. 6, 2014

Order/Opinion

UTAH ATTORNEY GENERAL SEAN D. REYES OFFICIAL STATEMENT

[Kitchen v. Herbert]

No Court

Jan. 8, 2014

Jan. 8, 2014

Press Release

Governor's Office Gives Direction to State Agencies on Same-Sex Marriages

No Court

Jan. 8, 2014

Jan. 8, 2014

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4402914/kitchen-v-herbert/

Last updated Aug. 27, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
2

COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1799700), filed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity. Assigned to Judge Robert J. Shelby (Magleby, James) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

RECAP
3

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary R. Herbert. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
4

**RESTRICTED DOCUMENT**Summons Issued Electronically as to John Swallow. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
5

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Sherrie Swensen. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
6

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary R. Herbert. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
7

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity as to Gary R. Herbert served on 3/28/2013, answer due 4/18/2013. (Magleby, James) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
8

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity as to John Swallow served on 3/27/2013, answer due 4/17/2013. (Magleby, James) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
9

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Partridge, Karen Archer, Laurie Wood, Derek Kitchen, Kate Call, Moudi Sbeity as to Sherrie Swensen served on 3/27/2013, answer due 4/17/2013. (Magleby, James) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
10

NOTICE of Appearance by Philip S. Lott on behalf of Gary R. Herbert, John Swallow (Lott, Philip) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
11

NOTICE of Appearance by Stanford Edward Purser on behalf of Gary R. Herbert, John Swallow (Purser, Stanford) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
12

NOTICE of Appearance by Darcy M. Goddard on behalf of Sherrie Swensen (Goddard, Darcy) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
13

NOTICE of Appearance by Ralph E. Chamness on behalf of Sherrie Swensen (Chamness, Ralph) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
14

Joint MOTION to Stay and Memorandum in Support to Stay Action filed by Defendants Gary R. Herbert, John Swallow. (Attachments: # 1 Text of Proposed Order)(Lott, Philip) (Entered: 05/29/2013)

1 Text of Proposed Order

View on PACER

May 29, 2013

May 29, 2013

PACER
15

ORDER granting 14 Motion to Stay. Signed by Judge Robert J. Shelby on 05/31/2013. (tls) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
16

Utah State Defendants' ANSWER to Complaint filed by Gary R. Herbert, John Swallow.(Lott, Philip) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

RECAP
17

Defendant Sherrie Swensen's ANSWER to Complaint filed by Sherrie Swensen.(Goddard, Darcy) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

RECAP
18

NOTICE OF ADR, e-mailed or mailed to Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood, Defendants Gary R. Herbert, John Swallow, Sherrie Swensen. (tls) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
19

NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (tls) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
20

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Jennifer Stout, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 10/9/2013 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
21

NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 8/27/2013 at 1:30 PM in Room 220 before Judge Robert J. Shelby. (mjm) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
22

NOTICE OF FILING filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Tomsic, Peggy) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

RECAP
23

RESPONSE re 22 Notice of Filing,Scheduling Issues filed by Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

RECAP
27

Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 8/27/2013. The court hears from cnsl and sets the following dates/deadlines: 1. This case will first proceed with motions for summary judgment. 2. The court has provided Plaintiffs with the option of two briefing schedules, depending on whether Plaintiffs elect to file a motion for summary judgment. 3. Plaintiffs have elected to file a motion for summary judgment. 4. Therefore, motions for summary judgment, to be filed by any party, are due on or before October 11, 2013. 5. Any responses to motions for summary judgment, to be filed by any party, are due on or before November 22, 2013. 6. A hearing on all motions for summary judgment is set for December 4, 2013, at 10:00 a.m., in Room 220, before the Honorable Robert J. Shelby. 7. To the extent that the courts rulings on the motions for summary judgment are not dispositive, a status and scheduling conference is also set for January 7, 2014, at 10:00 a.m., in Room 220, before the Honorable Robert J. Shelby. ( Motion Hearing set for 12/4/2013 at 10:00 AM in Room 220 before Judge Robert J. Shelby.). Mr. Magleby will prepare and submit an order. Attorney for Plaintiff: James Magleby, Jennifer Parrish, Peggy Tomsic; Attorney for Defendant: Philip Lott, Stanford Purser - rep State dfts; Darcy Goddard, Ralph Chamness - rep Sherrie Swensen. Court Reporter: Ray Fenlon. (mjm) (Entered: 09/10/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
24

ORDER. Summary Judgment Motions due by 10/11/2013. Responses to Motions for Summary Judgment due by 11/22/2013. Motion for Summary Judgment Hearing set for 12/4/2013 10:00 AM in Room 220. Status Report and Scheduling Conference set for 1/7/2014 10:00 AM in Room 220 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 09/04/2013. (tls) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

RECAP
25

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on AUGUST 27, 2013 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (asp) Modified on 12/4/2013 by removing restricted text(las). (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
28

Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Plaintiffs' Motion for Summary Judgment filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Text of Proposed Order)(Parrish, Jennifer) (Entered: 10/04/2013)

1 Text of Proposed Order

View on PACER

Oct. 4, 2013

Oct. 4, 2013

PACER
29

ORDER granting 28 Motion for Leave to File Excess Pages. Signed by Judge Robert J. Shelby on 10/07/2013. (asp) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
30

Defendant's MOTION for Leave to File Overlength Motion for Summary Judgment (Unopposed) filed by Defendants Gary R. Herbert, John Swallow. (Attachments: # 1 Text of Proposed Order)(Lott, Philip) (Entered: 10/08/2013)

1 Text of Proposed Order

View on PACER

Oct. 8, 2013

Oct. 8, 2013

PACER
31

ORDER granting 30 State Defendants' Motion for Leave to File Overlength Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 10/08/2013. (tls) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
32

Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Appendix, # 2 Exhibit 1 Declaration of J.F. Parrish, # 3 Exhibit 2 Declaration of D. Kitchen, # 4 Exhibit 3 Declaration of M. Sbeity, # 5 Exhibit 4 Declaration of K. Archer, # 6 Exhibit 5 Declaration of K. Call, # 7 Exhibit 6 Declaration of L. Wood, # 8 Exhibit 7 Declaration of K. Partridge)(Tomsic, Peggy) (Entered: 10/11/2013)

1 Appendix

View on PACER

2 Exhibit 1 Declaration of J.F. Parrish

View on PACER

3 Exhibit 2 Declaration of D. Kitchen

View on PACER

4 Exhibit 3 Declaration of M. Sbeity

View on PACER

5 Exhibit 4 Declaration of K. Archer

View on PACER

6 Exhibit 5 Declaration of K. Call

View on PACER

7 Exhibit 6 Declaration of L. Wood

View on PACER

8 Exhibit 7 Declaration of K. Partridge

View on PACER

Oct. 11, 2013

Oct. 11, 2013

RECAP
33

Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

RECAP
34

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 1-17. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
35

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 18-21a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
36

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 21b-27a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
37

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 27b-28a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
38

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 28b-33a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
39

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 33b-35a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
40

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 35b-38a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
41

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 38a-39. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
42

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 40-45a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
43

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 45b-48. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

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44

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 49-52a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
45

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 52b-59a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
46

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 59b-61a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
47

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 61b-65a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
48

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 65b-67a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
49

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 67b. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

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50

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 68a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
51

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 68b-70. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
52

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 71a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
53

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 71b-72. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
54

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 73a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
55

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tabs 73b-74a. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
56

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74b. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
57

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74c. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
58

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74d. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74e. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

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APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74f. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
61

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74g. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
62

APPENDIX to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Tab 74h. (Lott, Philip) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
63

ERRATA to 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow Appendix Tab 75. (Lott, Philip) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

RECAP
64

MOTION for Admission Pro Hac Vice of Joshua Block, Registration fee $ 15, receipt number 1088-1928890, filed by Movants ACLU of Utah Foundation, Inc., American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, Application, # 2 Exhibit B, ECF Registration, # 3 Text of Proposed Order)(Mejia, John) (Entered: 10/17/2013)

1 Exhibit A, Application

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2 Exhibit B, ECF Registration

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3 Text of Proposed Order

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Oct. 17, 2013

Oct. 17, 2013

PACER
65

MOTION to File Amicus Brief by ACLU and ACLU of Utah filed by Movants ACLU of Utah Foundation, Inc., American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, Memorandum of Law)(Mejia, John) (Entered: 10/17/2013)

1 Exhibit A, Memorandum of Law

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Oct. 17, 2013

Oct. 17, 2013

PACER
66

ORDER granting 64 Motion for Admission Pro Hac Vice of Joshua A. Block for ACLU of Utah Foundation, Inc. Joshua A. Block for American Civil Liberties Union Foundation. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 10/17/2013. (tls) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
67

NOTICE OF HEARING ON MOTION re: 32 Plaintiff's MOTION for Summary Judgment and Memorandum in Support, 33 Defendant's MOTION for Summary Judgment and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 12/4/2013 at 10:00 AM in Room 220 before Judge Robert J. Shelby. (mjm) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
68

ORDER granting 65 Motion to File Amicus Brief. Signed by Judge Robert J. Shelby on 10/18/2013. (tls) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

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69

NOTICE of Appearance by Frank D. Mylar on behalf of Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle (Mylar, Frank) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
70

Plaintiff's MOTION Regarding Amici Curiae filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Tomsic, Peggy) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

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71

MOTION for Admission Pro Hac Vice of Byron J. Babione, Registration fee $ 15, receipt number 1088-1931080, filed by Movants Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Mylar, Frank) (Entered: 10/21/2013)

1 Exhibit Application for Admission Pro Hac Vice

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2 Text of Proposed Order

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Oct. 21, 2013

Oct. 21, 2013

PACER
72

ERROR: NOT A MOTION - MOTION for Leave to File Brief of Amici Curiae Professors Lynn D. Wardle, William C. Duncan, Bryce J. Christensen and Joseph P. Price in Support of Defendants filed by Movants Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit [Proposed] Brief of Amici Curiae Professors)(Mylar, Frank) Modified on 10/22/2013: added error text (alt) (Entered: 10/21/2013)

1 Text of Proposed Order

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2 Exhibit [Proposed] Brief of Amici Curiae Professors

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Oct. 21, 2013

Oct. 21, 2013

PACER
73

MOTION for Leave to File BRIEF OF AMICI CURIAE PROFESSORS IN SUPPORT OF STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Movants Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit [Proposed] Brief of Amici Curiae Professors)(Mylar, Frank) Modified on 10/22/2013: corrected carry-forward text (alt) (Entered: 10/21/2013)

1 Text of Proposed Order

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2 Exhibit [Proposed] Brief of Amici Curiae Professors

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Oct. 21, 2013

Oct. 21, 2013

PACER
74

ORDER granting 71 Motion for Admission Pro Hac Vice of Byron J. Babione for Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 10/21/13 (alt) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
75

NOTICE OF DEFICIENCY re 72 MOTION for Leave to File Brief of Amici Curiae Professors Lynn D. Wardle, William C. Duncan, Bryce J. Christensen and Joseph P. Price in Support of Defendants. The attached document is not a motion. The entry has been terminated. (alt) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
76

Amicus in Support of Plaintiffs' Motion for Summary Judgment BRIEF re 32 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Amicus Parties ACLU of Utah Foundation, Inc., American Civil Liberties Union Foundation. (Mejia, John) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
77

ORDER granting 73 Motion for Leave to File Amici Curiae Brief. Signed by Judge Robert J. Shelby on 10/21/13 (alt) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
78

ORDER denying 70 Motion to Disallow Third Parties to File Amicus Briefs. Signed by Judge Robert J. Shelby on 10/21/13 (alt) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

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79

Brief of Amici Curiae Professors Lynn D. Wardle, William C. Duncan, Bryce Christensen and Joseph P. Price in Support of Defendants BRIEF re 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Amicus Parties Bryce J. Christensen, William C. Duncan, Joseph P. Price, Lynn D. Wardle. (Mylar, Frank) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
80

Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Text of Proposed Order)(Parrish, Jennifer) (Entered: 11/19/2013)

1 Text of Proposed Order

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Nov. 19, 2013

Nov. 19, 2013

PACER
81

Defendant's MOTION for Leave to File Excess Pages Def. Unopposed Motion for Leave to File overlength Response to Pl. Motion for S.J. filed by Defendants Gary R. Herbert, John Swallow. (Attachments: # 1 Text of Proposed Order)(Lott, Philip) (Entered: 11/20/2013)

1 Text of Proposed Order

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Nov. 20, 2013

Nov. 20, 2013

PACER
82

ORDER granting 81 State Defendants' Unopposed Motion for Leave to File Overlength Response to Plaintiffs' Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 11/21/2013. (tls) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
83

ORDER granting 80 Plaintiffs' Unopposed Motion for Leave to File Overlength Plaintiffs' Opposition to Motion of the GOvernor and Attorney General for Summary Judgment. Signed by Judge Robert J. Shelby on 11/21/2013. (tls) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
84

RESPONSE to Motion re 32 Plaintiff's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

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85

Plaintiff's MEMORANDUM in Opposition re 33 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Attachments: # 1 Appendix Index, # 2 Exhibit 1 - Decl of MVL Badgett PhD, # 3 Exhibit 2 - Decl of G Chauncey PhD, # 4 Exhibit 3 - Decl of NF Cott PhD, # 5 Exhibit 4 - Decl of CJ Patterson PhD, # 6 Exhibit 5 - Decl of LA Peplau PhD, # 7 Exhibit 6 - Supp Decl of LA Peplau PhD, # 8 Exhibit 7 - Decl of GM Segura PhD, # 9 Exhibit 8 - Brief of US in Windsor, # 10 Exhibit 9 - Brief of BLAG in Windsor, # 11 Exhibit 10 -Amici Curiae Brief of APA et al. in Windsor, # 12 Exhibit 11 - Amicus Curiae Brief of ASA in Windsor, # 13 Exhibit 12 - Amici Curiae Brief of Con Law Scholars in Windsor, # 14 Exhibit 13 - Amici Curiae Brief of 15 States in Sevcik v Sandoval, # 15 Exhibit 14 - Feb 24, 2004 Transcript, Utah House of Representatives (Excerpts))(Tomsic, Peggy) (Entered: 11/22/2013)

1 Appendix Index

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2 Exhibit 1 - Decl of MVL Badgett PhD

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3 Exhibit 2 - Decl of G Chauncey PhD

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4 Exhibit 3 - Decl of NF Cott PhD

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5 Exhibit 4 - Decl of CJ Patterson PhD

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6 Exhibit 5 - Decl of LA Peplau PhD

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7 Exhibit 6 - Supp Decl of LA Peplau PhD

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8 Exhibit 7 - Decl of GM Segura PhD

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9 Exhibit 8 - Brief of US in Windsor

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10 Exhibit 9 - Brief of BLAG in Windsor

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11 Exhibit 10 -Amici Curiae Brief of APA et al. in Windsor

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12 Exhibit 11 - Amicus Curiae Brief of ASA in Windsor

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13 Exhibit 12 - Amici Curiae Brief of Con Law Scholars in Windsor

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14 Exhibit 13 - Amici Curiae Brief of 15 States in Sevcik v Sandoval

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15 Exhibit 14 - Feb 24, 2004 Transcript, Utah House of Representatives (Excerpts)

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Nov. 22, 2013

Nov. 22, 2013

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86

MOTION to File Amicus Brief by National Center for Lesbian Rights and Memorandum in Support filed by Movant National Center for Lesbian Rights. (Attachments: # 1 Exhibit Amicus Brief)(Kendell, Kathryn) (Entered: 12/02/2013)

1 Exhibit Amicus Brief

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Dec. 2, 2013

Dec. 2, 2013

PACER
87

Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 12/2/2013. The Motion to File Amicus Brief 86 submitted by the National Center for Lesbian Rights is DENIED WITHOUT PREJUDICE to refile in the event that the lawsuit is not resolved on the pending Motions for Summary Judgment. The court finds that the amicus brief is untimely because it was filed too late to give the parties an adequate opportunity to respond given the current briefing schedule and imminent hearing., Motions terminated: 86 MOTION to File Amicus Brief by National Center for Lesbian Rights and Memorandum in Support filed by National Center for Lesbian Rights. Attorney for Plaintiff: James Magleby, Jennifer Parrish, Peggy Tomsic; Attorney for Defendants: Philip Lott, Stanford Purser, Darcy Goddard. Court Reporter: None.(mjm) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
88

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on December 4, 2013 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2013. Redacted Transcript Deadline set for 1/6/2014. Release of Transcript Restriction set for 3/6/2014. (jmr) Modified on 3/6/2014 by removing restricted text(las). (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

PACER
90

MEMORANDUM DECISION and ORDER granting 32 Motion for Summary Judgment; denying 33 Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 12/20/2013. (tls) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

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91

NOTICE OF APPEAL as to 90 Order on Motion for Summary Judgment,, Memorandum Decision filed by Gary R. Herbert, John Swallow. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-1967766. (Lott, Philip) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

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92

CLERK'S JUDGMENT signed by LSY - Chief Deputy Clerk. IT IS ORDERED AND ADJUDGED that judgment be entered in favor of the plaintiffs as follows: the court finds that the amendment known as Amendment 3 to Utah Constitution is unconstitutional because it denies the plaintiffs their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah is enjoined from enforcing § 30-1-2 and § 30-1-4.1 of the Utah Code and Article I, §29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex. Case Closed. (tls) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

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Transmission of Preliminary Record to USCA re 91 Notice of Appeal. (Attachments: # 1 Appendix)(jmr) (Entered: 12/20/2013)

1 Appendix

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Dec. 20, 2013

Dec. 20, 2013

PACER
94

Defendant's MOTION to Stay re 90 Order on Motion for Summary Judgment,, Memorandum Decision filed by Defendants Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

RECAP
95

NOTICE OF HEARING ON MOTION re: 94 Defendant's MOTION to Stay re 90 Order on Motion for Summary Judgment. The court orders the Plaintiffs to file any response to the Defendants' Motion by 5:00pm on December 22, 2013. The Defendants may file a reply at any time before the hearing on Monday morning. Motion Hearing set for 12/23/2013 at 9:00 AM in Room 220 before Judge Robert J. Shelby. :(Notice generated by Mary Jane McNamee) (mjm) (Entered: 12/21/2013)

Dec. 21, 2013

Dec. 21, 2013

PACER
96

Plaintiff's MEMORANDUM in Opposition re 94 Defendant's MOTION to Stay re 90 Order on Motion for Summary Judgment,, Memorandum Decision filed by Plaintiffs Karen Archer, Kate Call, Derek Kitchen, Kody Partridge, Moudi Sbeity, Laurie Wood. (Tomsic, Peggy) (Entered: 12/22/2013)

Dec. 22, 2013

Dec. 22, 2013

RECAP
97

Defendant's RESPONSE in Support of Motion for Stay Pending Appeal filed by Gary R. Herbert, John Swallow. (Lott, Philip) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

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98

USCA Case Number Case Appealed to Tenth Circcuit Case Number 13-4178 for 91 Notice of Appeal filed by John Swallow, Gary R. Herbert. (jmr) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
99

ORDER of USCA Tenth Circuit as to 91 Notice of Appeal filed by John Swallow, Gary R. Herbert. Order filed by Judges Holmes and Bacharach denying motion for stay filed by Appellants Mr. Gary R. Herbert and John Swallow. See order for further details. (jmr) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
100

ORDER of USCA Tenth Circuit as to 91 Notice of Appeal filed by John Swallow, Gary R. Herbert. Order filed by Judges Holmes and Bacharach denying renewed Emergency Motion for Temporary Stay filed by Appellants Mr. Gary R. Herbert and John Swallow. See order for further details. (tls) (Additional attachment(s) added on 12/23/2013: # 1 Order) (tls). (Entered: 12/23/2013)

1 Order

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Dec. 23, 2013

Dec. 23, 2013

PACER
101

Modification of Docket: Error: Clerk attached incorrect document image to entry. Correction: Attached correct image to docket entry re 100 USCA Order. (tls) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
102

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Stay Pending Appeal held on 12/23/2013 before Judge Robert Shelby. Court Reporter/Transcriber Ray Fenlon, Telephone number 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2014. Redacted Transcript Deadline set for 1/23/2014. Release of Transcript Restriction set for 3/24/2014. (las) Modified on 3/24/2014 by removing restricted text (las). (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER

Case Details

State / Territory: Utah

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: March 25, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are couples in committed gay and lesbian relationships who wish to get legally married in Utah.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clerk of Salt Lake County (Salt Lake), County

State of Utah, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2013 - 0

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male