The American Civil Liberties Union, the ACLU of Utah, and Strindberg & Scholnick, LLC filed a lawsuit in Utah state court on behalf of four same-sex couples who were legally married in Utah after a federal court struck down a state ban, but before the U.S. Supreme Court temporarily halted marriages from taking place while the state challenged the decision. Although the marriages were valid, the state announced that it had placed recognition of their marriages on hold indefinitely. The lawsuit argues that once same-sex couples are legally married in Utah, they gain protections that cannot retroactively be taken away under the due process clauses of the Utah and United States Constitution.
On May 19, 2014, Judge Dale A. Kimball ordered the state to recognize the more than 1,200 marriages of same-sex couples who were legally married in Utah during December and January. On June 4, the state appealed to the 10th Circuit Court of Appeals. On June 6, the ACLU of Utah and cooperating attorneys Strindberg and Scholnick filed a motion to oppose the state of Utah’s motions for a stay. On July 11, the 10th Circuit Court of Appeals denied Utah's request to suspend a lower court ruling ordering Utah to recognize the over 1,000 marriages of same-sex couples who were legally married in Utah.
On October 6, 2014, the U.S. Supreme Court denied review of Utah’s federal case, Kitchen v. Herbert, which challenged the state’s ban on same-sex marriage. Although that case is separate from Evans v. Utah, the Supreme Court’s denial of review has implications for Evans in that Utah must now recognize same-sex marriages.
News
- Press Release: Supreme Court Lets Stand Four Appeals Court Decisions Requiring States to Allow Same-Sex Couples to Marry (10/6/14)
- Press Release: U.S. Supreme Court Grants Stay, Legal Same-Sex Marriages Will Not Be Recognized Pending Appeal By Utah (7/18/14)
- Press Release: Federal Appeals Court Orders Recognition of Valid Marriages of Utah Same-Sex Couples (7/11/14)
- Press Release: Utah Judge Orders Recognition of Valid Marriages of Same-Sex Couples (5/19/14)
- Press Release: Court Hears Oral Arguments on Marriage Equality Case (3/13/14)
- Press Release: Court Schedules Hearing in ACLU of Utah Suit for State to Honor Marriage (3/6/14)
- Press Release: Utah Must Recognize the Marriages of Over 1,000 Utah Couples Who Legally Wed After Federal Court Decision (1/21/14)
Legal Documents
- Evans v. Utah - Opposition to the State's Request for a Stay (PDF) >> (7/17/14)
- Evans v. Utah - Motion to Oppose Motions For Stay (PDF) >> (6/6/14)
- Evans v. Utah -Judge's Memorandum Decision and Order (PDF) >> (5/19/14)
- Evans v. Utah - Complaint (PDF) >> (1/21/14)
- Evans v. Utah - Exhibit A (PDF) >> (1/21/14)
- Evans v. Utah - Exhibit B (PDF) >> (1/21/14)
Other Resources
- ACLU Blog of Rights "Stripped of Recognition" 1/21/14
- Photos from the press conference 1/21/14
- Statement to those who contacted us, asking to be plaintiffs in the lawsuit: Lawsuit To Ensure That Utah Honors Marriage Seeks To Protect All (1/23/14)
