A case before a federal court challenges the constitutionality of Utah’s ban on same-sex marriages. And a lawyer for the American Civil Liberties Union says this could be the one that helps decide the issue for the whole country.
The American Civil Liberties Union filed a friend of the court brief Thursday in the case of Kitchen v. Herbert. Three same-sex couples are challenging the amendment to Utah’s state constitution that defines marriage as only between a man and a woman. Utah A-C-L-U legal director John Mejia says there are similar cases underway in different jurisdictions around the country, and eventually one of them will reach the U.S. Supreme Court.
“In lots of ways," Mejia says, "the Supreme Court is very lucky because they get to pick and choose what case and what posture they get to take up and review. So there could be several different, sort of, issues that could resolve the question.”
The ACLU’s amicus brief argues that case law in the federal 10th Circuit, which includes Utah, requires an increased level of scrutiny for laws that discriminate based on sexual orientation.
The state of Utah argues in its court filings that couples who cannot procreate do not promote the state’s interest. A hearing in the case is set for December 4th.