Gay upl marry Utah after judge overturns ban - CBS News

Contents:

• A SH TO THE ALTAR UTAH AFTER JUDGE STRIK DOWN BAN ON GAY MARRIAGE
• UTAH MAK CHANG TO ABI BY LAWSALT LAKE COUNTY DISTRICT ATTORNEY SIM GILL PROMPTLY ADVISED SALT LAKE COUNTY CLERK SHERRIE SWENSEN THAT SHE ULD ISSUE MARRIAGE LICENS TO SAME-SEX UPL, AND UPL BEGAN SHOWG UP AT THE URTHOE. OTHER UNTI FOLLOWED SU."WE ARE THRILLED WH THE CISN TODAY. WE WERE UGHT OFF GUARD. WE WEREN'T EXPECTG A CISN SO SOON OM THE SUPREME COURT," SAID DEREK KCHEN, ONE OF SIX PLATIFFS THE SE THAT BEARS HIS NAME."WE N'T WA TO PLAN OUR WEDDG," HE SAID AS HIS PARTNER, MOUDY SBEY, STOOD BEHD HIM WH A HAND ON HIS SHOULR. "WE'RE GOG TO HAVE BIG, GAY, FARMER'S MARKET WEDDG."UTAH GOV. GARY HERBERT AND ATTORNEY GENERAL SEAN REY SPEAK MONDAY, OCT. 6, 2014, TO MEMBERS OF THE MEDIA AT THE STATE CAPOL AFTER THE U.S. SUPREME COURT REFED TO HEAR APPEALS ON LOWER URT LGS THAT ALLOWED SAME-SEX MARRIAG, MAKG THEM LEGAL UTAH AND OTHER STAT. (PHOTO: STT G. WTERTON/DERET NEWS)HERBERT AND REY SAID AT A NEWS NFERENCE THAT THE STATE WOULD ABI BY THE LAW. THE ERNOR ADVISED STATE AGENCI A LETTER TO IMMEDIATELY REGNIZE LEGALLY PERFORMED SAME-SEX MARRIAG.STILL, HERBERT SAID HE WAS SURPRISED AND DISAPPOTED THAT THE SUPREME COURT DID NOT TAKE UP THE ISSUE. HE ALSO REERATED HIS POSN THAT STAT SHOULD CI THEIR OWN MARRIAGE LAWS."WHILE I NTUE TO BELIEVE THAT THE STAT DO HAVE THE RIGHT TO FE MARRIAGE AND CREATE LAWS REGARDG MARRIAGE, ULTIMATELY WE ARE A NATN OF LAWS AND WE HERE UTAH WILL UPHOLD THE LAW," THE ERNOR SAID.HERBERT LLED ON UTAHNS TO TREAT EACH OTHER WH KDNS AND RPECT REGARDLS OF THEIR PERSONAL BELIEFS ABOUT SAME-SEX MARRIAGE.REACTN TO URT'S CISNTHE SUPREME COURT CISN APPEARS TO HAVE END THE STATE'S APPEAL THE SAME-SEX MARRIAGE REGNN SE, EVANS V. UTAH, MOOT. REY' OFFICE IS REVIEWG THE IMPACT ON OTHER S, BUT HE SAID HE'S CLED TO BELIEVE THAT MANY OF THOSE ISSU ARE MOOT.THE 10TH CIRCU JUNE UPHELD U.S. DISTRICT JUDGE ROBERT J. SHELBY'S LG THAT STCK DOWN UTAH'S VOTER-APPROVED 2004 LAW FG MARRIAGE AS BETWEEN A MAN AND A WOMAN. THE URTS HELD THAT MARRIAGE IS A FUNDAMENTAL RIGHT UNR THE 14TH AMENDMENT GUARANTEE OF EQUAL PROTECTN UNR THE LAW.IT WAS WILY EXPECTED THAT THE SUPREME COURT WOULD TAKE UP AT LEAST ONE GAY MARRIAGE SE S TERM THAT STARTED MONDAY. CAS OTHER STAT NTUE TO WORK THEIR WAY THROUGH THE URT SYSTEM, THOUGH SEEMS UNLIKELY THE HIGH URT WOULD TAKE ONE UNLS AN APPELLATE URT SIS WH A STATE'S GAY MARRIAGE BAN.RELATED:BOTH SIS LL FOR CIVILY AFTER SCOTUS NI HEARG SAME-SEX MARRIAGE SUTAHNS' REACTN TO TODAY'S U.S. SUPREME COURT CISN NOT TO HEAR THE STATE'S APPEAL OF A LOWER-URT LG ALLOWG SAME-SEX MARRIAGE CLUD NCERN, CELEBRATN AND LLS FOR CIVILY, AS WELL AS QUTNS ABOUT WHAT'S AHEAD.BILL DUNN, SUTHERLAND INSTUTE’S DIRECTOR OF THE CENTER FOR FAY AND SOCIETY, SAID HE WAS "EPLY DISAPPOTED" THAT THE HIGH URT FAILED TO "RRECT THE LAWLSNS" OF LOWER URTS THAT HAVE PRIVED PEOPLE UTAH AND OTHER STAT OF THEIR ABILY TO PROTECT THEIR BELIEF THAT CHILDREN ARE ENTLED TO BE RAISED BY A MARRIED MOTHER AND FATHER."WHILE APPEARS THAT UTAH IS BEG FORCED BY THE FERAL URTS TO REGNIZE SAME-SEX MARRIAG, THERE ARE STILL OTHER STAT WHOSE LAWS THE URTS HAVE NOT YET DISPTED. WE WILL PROVI WHATEVER SUPPORT WE N TO THOSE STAT AND HOPE THE SUPREME COURT WILL RENSIR THIS UNWISE ACTN A FUTURE SE," DUNN SAID.ALLIANCE DEFENDG FREEDOM SENR UNSEL BYRON BABNE SAID THE URT’S CISN NOT TO TAKE UP THE ISSUE MEANS THAT THE MARRIAGE BATTLE WILL NTUE.SEVERAL FERAL URTS — CLUDG THOSE THE 5TH, 6TH, 8TH, AND 11TH CIRCUS — STILL HAVE S WORKG THEIR WAY TO THE SUPREME COURT, HE SAID.PEGGY TOMSIC, LEAD ATTORNEY FOR THREE GAY AND LBIAN UPL THE UTAH SE, SAID WOULD BE HARD FOR OTHER URTS TO "PUT THE TOOTHPASTE BACK THE TUBE."FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR.–PEGGY TOMSIC, ATTORNEY"FROM A NSTUTNAL PERSPECTIVE, WOULD BE VERY DIFFICULT TO SAY THAT SOME CIRCUS N HOLD NSTUTNAL UNR THE 14TH AMENDMENT AND OTHERS N SAY 'S NOT. THE 14TH AMENDMENT IS THE 14TH AMENDMENT. IT APPLI TO EVERY STATE THIS UNN," SHE SAID.TOMSIC, WHO MARRIED HER PARTNER AFTER SHELBY'S LG LAST DECEMBER, BEME EMOTNAL TALKG ABOUT THE SUPREME COURT CISN. SHE SAID SHE LOOKS FORWARD TO MOVG AHEAD WH THE SEND-PARENT ADOPTN OF HER SON."IT'S AN CREDIBLE THG THAT WE'VE DONE," SHE SAID. "FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR."MARY SUMMERHAYS, PRINT OF CELEBRATN OF MARRIAGE, ISSUED A STATEMENT SAYG THE URT HAS TURNED A BLD EYE TO A CHILD'S NEED FOR BOTH A FATHER AND MOTHER."THE CREDIBILY OF THE JUDICIAL SYSTEM IS PERMANENTLY DAMAGED WHEN NCLUS THAT ADULT RELATNSHIPS ARE SO IMPORTANT THAT CHILDREN MT GIVE UP THEIR RELATNSHIPS WH THEIR OWN MOTHER OR FATHER WHEN TO NFLICT WH GAY MARRIAGE," SHE SAID."ALTHOUGH THE LOWER URTS HAVE BEEN ALLOWED TO REFE MARRIAGE UTAH, UTAHNS WHO STAND WH CHILDREN WILL NTUE TO VIGOROLY SUPPORT POLICY THAT PRRIZ CHILDREN’S MOST IMPORTANT RELATNSHIPS ABOVE OTHER NSIRATNS."LEGALIZED GAY MARRIAGE LIKELY HERE TO STAY
• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• UTAH GAY MARRIAGE: WEDDGS PUT ON HOLD BY US HIGH URT
• FERAL COURT RUL AGAST UTAH'S BAN ON GAY MARRIAGE
• GAY UPL MARRY UTAH AFTER JUDGE OVERTURNS BAN
• APPEALS COURT REJECTS UTAH’S BAN ON GAY MARRIAGE, PRODDG SUPREME COURT
• FERAL COURT STRIK DOWN UTAH'S GAY MARRIAGE BAN
• U.S. JUDGE STRIK DOWN UTAH'S GAY MARRIAGE BAN
• STRIKE AGAST UTAH GAY-MARRIAGE BAN PAV WAY FOR SUPREME COURT RULG

A SH TO THE ALTAR UTAH AFTER JUDGE STRIK DOWN BAN ON GAY MARRIAGE

Same-sex marriage is a personal issue to Kchen, who was a platiff the 2013 urt se that helped Utah bee the first state to regnize gay marriage after a feral lg. Kchen is the only openly gay member of the Utah Legislature. Alo argued that the right to abortn isn’t the Constutn, which The New York Tim pots out is also the se for ntraceptn, gay timacy and same-sex marriage, all rights acknowledged by Supreme Court “unenumerated” rights are based on the 14th Amendment, which clar: “Nor shall any state prive any person of life, liberty, or property, whout due procs of law.

UTAH MAK CHANG TO ABI BY LAWSALT LAKE COUNTY DISTRICT ATTORNEY SIM GILL PROMPTLY ADVISED SALT LAKE COUNTY CLERK SHERRIE SWENSEN THAT SHE ULD ISSUE MARRIAGE LICENS TO SAME-SEX UPL, AND UPL BEGAN SHOWG UP AT THE URTHOE. OTHER UNTI FOLLOWED SU."WE ARE THRILLED WH THE CISN TODAY. WE WERE UGHT OFF GUARD. WE WEREN'T EXPECTG A CISN SO SOON OM THE SUPREME COURT," SAID DEREK KCHEN, ONE OF SIX PLATIFFS THE SE THAT BEARS HIS NAME."WE N'T WA TO PLAN OUR WEDDG," HE SAID AS HIS PARTNER, MOUDY SBEY, STOOD BEHD HIM WH A HAND ON HIS SHOULR. "WE'RE GOG TO HAVE BIG, GAY, FARMER'S MARKET WEDDG."UTAH GOV. GARY HERBERT AND ATTORNEY GENERAL SEAN REY SPEAK MONDAY, OCT. 6, 2014, TO MEMBERS OF THE MEDIA AT THE STATE CAPOL AFTER THE U.S. SUPREME COURT REFED TO HEAR APPEALS ON LOWER URT LGS THAT ALLOWED SAME-SEX MARRIAG, MAKG THEM LEGAL UTAH AND OTHER STAT. (PHOTO: STT G. WTERTON/DERET NEWS)HERBERT AND REY SAID AT A NEWS NFERENCE THAT THE STATE WOULD ABI BY THE LAW. THE ERNOR ADVISED STATE AGENCI A LETTER TO IMMEDIATELY REGNIZE LEGALLY PERFORMED SAME-SEX MARRIAG.STILL, HERBERT SAID HE WAS SURPRISED AND DISAPPOTED THAT THE SUPREME COURT DID NOT TAKE UP THE ISSUE. HE ALSO REERATED HIS POSN THAT STAT SHOULD CI THEIR OWN MARRIAGE LAWS."WHILE I NTUE TO BELIEVE THAT THE STAT DO HAVE THE RIGHT TO FE MARRIAGE AND CREATE LAWS REGARDG MARRIAGE, ULTIMATELY WE ARE A NATN OF LAWS AND WE HERE UTAH WILL UPHOLD THE LAW," THE ERNOR SAID.HERBERT LLED ON UTAHNS TO TREAT EACH OTHER WH KDNS AND RPECT REGARDLS OF THEIR PERSONAL BELIEFS ABOUT SAME-SEX MARRIAGE.REACTN TO URT'S CISNTHE SUPREME COURT CISN APPEARS TO HAVE END THE STATE'S APPEAL THE SAME-SEX MARRIAGE REGNN SE, EVANS V. UTAH, MOOT. REY' OFFICE IS REVIEWG THE IMPACT ON OTHER S, BUT HE SAID HE'S CLED TO BELIEVE THAT MANY OF THOSE ISSU ARE MOOT.THE 10TH CIRCU JUNE UPHELD U.S. DISTRICT JUDGE ROBERT J. SHELBY'S LG THAT STCK DOWN UTAH'S VOTER-APPROVED 2004 LAW FG MARRIAGE AS BETWEEN A MAN AND A WOMAN. THE URTS HELD THAT MARRIAGE IS A FUNDAMENTAL RIGHT UNR THE 14TH AMENDMENT GUARANTEE OF EQUAL PROTECTN UNR THE LAW.IT WAS WILY EXPECTED THAT THE SUPREME COURT WOULD TAKE UP AT LEAST ONE GAY MARRIAGE SE S TERM THAT STARTED MONDAY. CAS OTHER STAT NTUE TO WORK THEIR WAY THROUGH THE URT SYSTEM, THOUGH SEEMS UNLIKELY THE HIGH URT WOULD TAKE ONE UNLS AN APPELLATE URT SIS WH A STATE'S GAY MARRIAGE BAN.RELATED:BOTH SIS LL FOR CIVILY AFTER SCOTUS NI HEARG SAME-SEX MARRIAGE SUTAHNS' REACTN TO TODAY'S U.S. SUPREME COURT CISN NOT TO HEAR THE STATE'S APPEAL OF A LOWER-URT LG ALLOWG SAME-SEX MARRIAGE CLUD NCERN, CELEBRATN AND LLS FOR CIVILY, AS WELL AS QUTNS ABOUT WHAT'S AHEAD.BILL DUNN, SUTHERLAND INSTUTE’S DIRECTOR OF THE CENTER FOR FAY AND SOCIETY, SAID HE WAS "EPLY DISAPPOTED" THAT THE HIGH URT FAILED TO "RRECT THE LAWLSNS" OF LOWER URTS THAT HAVE PRIVED PEOPLE UTAH AND OTHER STAT OF THEIR ABILY TO PROTECT THEIR BELIEF THAT CHILDREN ARE ENTLED TO BE RAISED BY A MARRIED MOTHER AND FATHER."WHILE APPEARS THAT UTAH IS BEG FORCED BY THE FERAL URTS TO REGNIZE SAME-SEX MARRIAG, THERE ARE STILL OTHER STAT WHOSE LAWS THE URTS HAVE NOT YET DISPTED. WE WILL PROVI WHATEVER SUPPORT WE N TO THOSE STAT AND HOPE THE SUPREME COURT WILL RENSIR THIS UNWISE ACTN A FUTURE SE," DUNN SAID.ALLIANCE DEFENDG FREEDOM SENR UNSEL BYRON BABNE SAID THE URT’S CISN NOT TO TAKE UP THE ISSUE MEANS THAT THE MARRIAGE BATTLE WILL NTUE.SEVERAL FERAL URTS — CLUDG THOSE THE 5TH, 6TH, 8TH, AND 11TH CIRCUS — STILL HAVE S WORKG THEIR WAY TO THE SUPREME COURT, HE SAID.PEGGY TOMSIC, LEAD ATTORNEY FOR THREE GAY AND LBIAN UPL THE UTAH SE, SAID WOULD BE HARD FOR OTHER URTS TO "PUT THE TOOTHPASTE BACK THE TUBE."FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR.–PEGGY TOMSIC, ATTORNEY"FROM A NSTUTNAL PERSPECTIVE, WOULD BE VERY DIFFICULT TO SAY THAT SOME CIRCUS N HOLD NSTUTNAL UNR THE 14TH AMENDMENT AND OTHERS N SAY 'S NOT. THE 14TH AMENDMENT IS THE 14TH AMENDMENT. IT APPLI TO EVERY STATE THIS UNN," SHE SAID.TOMSIC, WHO MARRIED HER PARTNER AFTER SHELBY'S LG LAST DECEMBER, BEME EMOTNAL TALKG ABOUT THE SUPREME COURT CISN. SHE SAID SHE LOOKS FORWARD TO MOVG AHEAD WH THE SEND-PARENT ADOPTN OF HER SON."IT'S AN CREDIBLE THG THAT WE'VE DONE," SHE SAID. "FOR , WHAT THIS REALLY MEANS IS FAI UTAH AND THE 10TH CIRCU FALLY HAVE THE DIGNY, THE FAIRNS AND THE EQUALY THAT THE CONSTUTN GUARANTE TO THEM AND THAT WE ALL FOUGHT SO HARD FOR."MARY SUMMERHAYS, PRINT OF CELEBRATN OF MARRIAGE, ISSUED A STATEMENT SAYG THE URT HAS TURNED A BLD EYE TO A CHILD'S NEED FOR BOTH A FATHER AND MOTHER."THE CREDIBILY OF THE JUDICIAL SYSTEM IS PERMANENTLY DAMAGED WHEN NCLUS THAT ADULT RELATNSHIPS ARE SO IMPORTANT THAT CHILDREN MT GIVE UP THEIR RELATNSHIPS WH THEIR OWN MOTHER OR FATHER WHEN TO NFLICT WH GAY MARRIAGE," SHE SAID."ALTHOUGH THE LOWER URTS HAVE BEEN ALLOWED TO REFE MARRIAGE UTAH, UTAHNS WHO STAND WH CHILDREN WILL NTUE TO VIGOROLY SUPPORT POLICY THAT PRRIZ CHILDREN’S MOST IMPORTANT RELATNSHIPS ABOVE OTHER NSIRATNS."LEGALIZED GAY MARRIAGE LIKELY HERE TO STAY

” Legal scholars say Alo’s arguments uld allow the Supreme Court to overturn a seri of lgs on LGBTQ rights, cludg gay marriage, “the right of gay spo to ernment benefs... And even the right to gay sex, ” wr The Inpennt. SALT LAKE CITY — Elisa Noel shed to the unty clerk’s office wh her partner immediately after learng that a feral judge had overturned Utah’s ban on gay marriage.

STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS

Shelby that clared Utah’s voter-approved ban on gay marriage unnstutnal. The recent appotee by Print Barack Obama said the ban vlat the nstutnal rights of gay upl and led Utah failed to show that allowg same-sex marriag would affect oppose-sex marriag any way. The lg prompted a enzy of activy by lawyers and gay upl.

Gay upl shed to the Salt Lake County Clerk’s office en masse to secure marriage licens, wag le by the dozens and gettg married on the spot by the mayor and misters.

A gay bar Salt Lake quickly ma plans for a Friday night party to mark the event. Thomas Greene Utah, then spent about 12 years private practice before he beme a siar challeng to same-sex marriage bans are pendg other stat, but the Utah se has been closely watched bee of the state’s history of steadfast opposn to gay marriage as the home of The Church of J Christ of Latter-day Sats.

UTAH GAY MARRIAGE: WEDDGS PUT ON HOLD BY US HIGH URT

” The group has been among the lears of growg movement among Mormons to ph the church to teach that homosexualy isn’t a s. A church webse lnched this year enurag more passn toward gays, and church lears backed the Boy Suts' recent policy allowg gay Utah lg the same week New Mexi’s hight urt legalized gay marriage after clarg unnstutnal to ny marriage licens to same-sex upl. A new law passed Hawaii last month now allows gay upl to marry there.

If the lg stands, Utah would bee the 18th state to allow gay marriag.

Utah’s lawsu was brought by three gay and lbian upl, cludg one that was legally married Iowa and jt wants that license regnized Utah. Related:FirstRead: 2013: The year of gay marriage? Derek Kchen, D-Salt Lake Cy, the only openly gay member of the Utah Legislature and a lead platiff the Kchen v.

FERAL COURT RUL AGAST UTAH'S BAN ON GAY MARRIAGE

Herbert lawsu that legalized gay marriage here seven years ago. Although he was recently divorced himself, Kchen said, “Utah has a ep culture of fdg stabily and support and mted relatnships” — which extends to gay marriage here, is No. ”He add that he hop the new timat will ease fears that people have had about gay marriage as they “start to see and realize that we’re jt Utahns like everybody else, tryg to build a fay and a happy life.

”Before urt lgs that opened the door to gay marriage Utah and eventually natnwi, the state had a strict ban on same-sex marriage, or any laws thorizg marriagelike benefs, rights or legal stat such as hospal visg privileg, adoptn or jot tax filg. So, for the first time, s timat provi more rmatn about how many gay upl marry or live together Cens Bure reported that 8, 451 of the 1.

GAY UPL MARRY UTAH AFTER JUDGE OVERTURNS BAN

02 ln hoeholds the state are head by gay upl, whether they are married or live together, about 0.

17 natnally, or the top half of 5, 878 of those gay hoeholds are head by married upl, or women same-sex marriag outnumber men by a 3-to-2 marg, 3, 148 to 2, 460.

The exact oppose is te among gay upl who are habg whout marriage. (Stt Sommerdorf | Tribune file photo) Michael Fergon kiss his hband Seth Anrson after they beme the first gay uple Utah to be married on Dec.

APPEALS COURT REJECTS UTAH’S BAN ON GAY MARRIAGE, PRODDG SUPREME COURT

20, 2013, after a urt cisn allowed, the new data about the high percentage of gay upl Utah who choose to marry do not surprise gay rights activists or Perlich, senr mographer at the Universy of Utah’s Kem C. And the Mormon culture regn [ the Mounta Wt] is fely a marryg culture, ” and gays raised or livg here have bee part of add that the importance of marriage to gays here not jt bee of the culture, but also bee they were legally exclud om for s — makg a prized legal top of that, she noted many churchgog people the regn who highly value tradnal oppose-sex marriage felt that “translated to the rejectn of the relatnship between same-sex people.

”Kchen and Williams say Utah has bee a relatively welg place for gays and gay upl, pecially Salt Lake Cy. “As a gay person Salt Lake Cy, I feel treated rpectfully, equally. “I uldn’t image beg a gay man anywhere else.

FERAL COURT STRIK DOWN UTAH'S GAY MARRIAGE BAN

2 (behd only Idaho) for the percentage of gay upl wh children (40%) new Amerin Communy Survey also clus some other tertg mographic data about Utah, cludg:• Utah is gettg olr.

Supreme Court cled Monday to hear the state's appeal of a lower urt lg allowg gays and lbians to hours of the cisn, the 10th Circu Court of Appeals lifted the stay on gay marriage Utah and five other stat s jurisdictn. "We're gog to have big, gay, farmer's market weddg.

The urts held that marriage is a fundamental right unr the 14th Amendment guarantee of equal protectn unr the was wily expected that the Supreme Court would take up at least one gay marriage se s term that started Monday.

U.S. JUDGE STRIK DOWN UTAH'S GAY MARRIAGE BAN

Cas other stat ntue to work their way through the urt system, though seems unlikely the high urt would take one unls an appellate urt sis wh a state's gay marriage ban. Several feral urts — cludg those the 5th, 6th, 8th, and 11th circus — still have s workg their way to the Supreme Court, he Tomsic, lead attorney for three gay and lbian upl the Utah se, said would be hard for other urts to "put the toothpaste back the tube.

STRIKE AGAST UTAH GAY-MARRIAGE BAN PAV WAY FOR SUPREME COURT RULG

"The credibily of the judicial system is permanently damaged when nclus that adult relatnships are so important that children mt give up their relatnships wh their own mother or father when to nflict wh gay marriage, " she said.

"Legalized gay marriage likely here to stayUtah's se, Kchen v. Herbert, addrsed both the right to marry and regnn of gay and lbian marriag performed other stat.