Filed Date: April 13, 2015
Closed Date: Oct. 20, 2015
Clearinghouse coding complete
On April 13, 2015, a same-sex married couple filed this lawsuit against Utah in the District Court of the District of Utah. Suing under 42 U.S.C. § 1983, the plaintiffs asked for a preliminary injunction requiring the defendant to apply the relevant sections of the Utah Uniform Parentage Act to female spouses of women who give birth through assisted reproduction using donor sperm in the same way they apply the assisted-reproduction statutes to male spouses in the same situation. Specifically, the plaintiffs sought an order requiring the defendant to recognize both of them as legal parents of their child and to issue a birth certificate for the child that identifies them both as legal parents.
On July 22, 2015, the District Court (Judge Dee Benson) issued a preliminary injunction enjoining the defendant from enforcing the sections of its Uniform Parentage Act at issue in a way that differentiates between male spouses of women who give birth through assisted reproduction with donor sperm and similarly situated female spouses of women. Roe v. Patton, No. 2:15-cv-00253-DB, 2015 WL 4476734, at *1 (D. Utah. July 22, 2015). The defendants complied with the injunction, including issuing a birth certificate for the plaintiffs' child listing them both as parents.
On October 16, 2015, the plaintiffs and defendants submitted a joint stipulated proposed order granting a permanent injunction.
On October 20, 2015, the District Court (Judge Dee Benson) converted the preliminary injunction to a permanent injunction and awarded $24,302 in attorney's fees and costs to the plaintiffs.
Summary Authors
Sarah Precup (10/26/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4402999/parties/roe-v-patton/
Benson, Dee Vance (Utah)
Block, Joshua A (New York)
Farrell, Leah M. (Utah)
Mejia, John (Utah)
Douglas, Parker (Utah)
See docket on RECAP: https://www.courtlistener.com/docket/4402999/roe-v-patton/
Last updated Dec. 17, 2024, 8:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Utah
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: April 13, 2015
Closing Date: Oct. 20, 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A same-sex couple who jointly decided to have a child together with the assistance of sperm from an anonymous donor.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: 24,302
Order Duration: 2015 - None
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Affected Sex/Gender(s):
LGBTQ+: