Case: Roe v. Patton

2:15-cv-00253 | U.S. District Court for the District of Utah

Filed Date: April 13, 2015

Clearinghouse coding complete

Case Summary

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, t…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4402999/parties/roe-v-patton/


Judge(s)

Benson, Dee Vance (Utah)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Farrell, Leah M. (Utah)

Mejia, John (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Judge(s)

Benson, Dee Vance (Utah)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Farrell, Leah M. (Utah)

Mejia, John (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 20, 2015 Docket
2

Complaint

April 13, 2015 Complaint
15

Memorandum Decision and Order Granting Preliminary Injunction

2015 WL 4476734

July 22, 2015 Order/Opinion
17-1

Stipulation and Joint Motion to Enter Permanent Injunction

Oct. 16, 2015 Pleading / Motion / Brief
18

Order Granting Injunction

Oct. 20, 2015 Order/Opinion

Resources

Title Description External URL

Roe v. Patton

ACLU

The ACLU of Utah and the national ACLU LGBT Project filed a lawsuit to force the State Office of Vital Records and Statistics to recognize a married same-sex couple as legal parents of their child. T… Oct. 23, 2015 https://www.aclu.org/cases/roe-v-patton

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4402999/roe-v-patton/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Case has been indexed and assigned to Judge Dee Benson. Plaintiffs Angela Leslie Roe, Kami Roe is directed to E−File the com and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 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. (mms) (Entered: 04/13/2015)

April 13, 2015
2

COMPLAINT against Richard Oborn, W. David Patton (Filing fee $ 400, receipt number 1088−2244452), filed by Kami Roe, Angela Leslie Roe. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Dee Benson (Farrell, Leah) (Entered: 04/13/2015)

April 13, 2015
3

MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Angela Leslie Roe, Kami Roe. (Attachments: # 1 Exhibit A−A.R. Declaration, # 2 Exhibit B−K.R. Declaration, # 3 Exhibit Decl. Ex. A, # 4 Exhibit Decl. Ex. B, # 5 Exhibit Decl. Ex. C, # 6 Exhibit Decl. Ex. D)(Farrell, Leah) (Entered: 04/13/2015)

April 13, 2015
4

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Joshua A. Block, for Plaintiffs Angela Leslie Roe, Kami Roe (mms) (Entered: 04/14/2015)

April 14, 2015
5

MOTION for Admission Pro Hac Vice of Joshua Block , Registration fee $ 15, receipt number 25KQC818, filed by Plaintiffs Angela Leslie Roe, Kami Roe. (Attachments: # 1 Exhibit A−Application for Admission, # 2 Text of Proposed Order)(Farrell, Leah) (Entered: 04/14/2015)

April 14, 2015
6

NOTICE of Appearance by Parker Douglas on behalf of All Defendants (Douglas, Parker) (Entered: 04/14/2015)

April 14, 2015
7

WAIVER OF SERVICE Returned Executed filed by Kami Roe, Angela Leslie Roe as to All Defendants. (Farrell, Leah) (Entered: 04/21/2015)

April 21, 2015
9

ORDER granting 5 Motion for Admission Pro Hac Vice of Joshua A. Block for Angela Leslie Roe,Joshua A. Block for Kami Roe. 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 Dee Benson on 4/20/15. (jlw) (Entered: 04/28/2015)

April 22, 2015
8

MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Richard Oborn, W. David Patton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Douglas, Parker) (Entered: 04/27/2015)

April 27, 2015
10

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Angela Leslie Roe, Kami Roe. (Farrell, Leah) (Entered: 04/30/2015)

April 30, 2015
11

NOTICE OF HEARING ON MOTION re: 3 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by CHAMBERS) Motion Hearing set for 7/15/2015 at 01:00 PM in Rm 8.300 before Judge Dee Benson. (reb) (Entered: 05/11/2015)

May 11, 2015
12

ORDER Requesting Supplemental Briefing re: 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Kami Roe, Angela Leslie Roe. See order for further details. Signed by Judge Dee Benson on 6/26/15. (jlw) (Entered: 06/26/2015)

June 26, 2015
13

MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction and Memorandum in Support of Response to the Court's June 26, 2015 Order filed by Defendants Richard Oborn, W. David Patton. (Attachments: # 1 Exhibit A)(Douglas, Parker) (Entered: 07/13/2015)

July 13, 2015
14

Supplemental MEMORANDUM in Support re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Angela Leslie Roe, Kami Roe. (Farrell, Leah) (Entered: 07/13/2015)

July 13, 2015
16

Minute Order. Proceedings held before Judge Dee Benson: After arguments were heard and discussion held, Court ruled GRANTING 3 MOTION for Preliminary Injunction and Memorandum in Support. Court made findings on the record. Cnsl to prepare the order. Motion Hearing held on 7/15/2015 re 3 MOTION for Preliminary Injunction and Memorandum in Support filed by Kami Roe, Angela Leslie Roe. Attorney for Plaintiff: Joshau Block, John Mejia and Leah Farrell, Attorney for Defendant Parker Douglas. Court Reporter: Ed Young. (reb) (Entered: 07/23/2015)

July 15, 2015
15

MEMORANDUM DECISION granting 3 Motion for Preliminary Injunction. See order for details. Signed by Judge Dee Benson on 7/22/15. (jlw) (Entered: 07/22/2015)

July 22, 2015
17

Stipulated MOTION for Entry of Judgment and Memorandum in Support of judgment entering permanent injunction and attorneys fees filed by Defendants Richard Oborn, W. David Patton. (Attachments: # 1 Text of Proposed Order)(Douglas, Parker) (Entered: 10/16/2015)

Oct. 16, 2015
18

ORDER GRANTING PERMANENT INJUNCTION. Signed by Judge Dee Benson on 10/20/15. (jlw) (Entered: 10/23/2015)

Oct. 20, 2015

State / Territory: Utah

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: April 13, 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):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Utah, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Amount Defendant Pays: 24,302

Order Duration: 2015 - 0

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Adoption

Disparate Treatment

Gay/lesbian/transgender

Juveniles

Marriage

Record-keeping

Discrimination-basis:

Family discrimination

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Type of Facility:

Government-run