Tenth Circuit Affirms U.S. District of Utah Judge Robert J. Shelby's Decision Barring Utah's Ban on Same-Sex Marriage

Last week, in a divided decision issued by Judge Lucero, the Tenth Circuit Court of Appeals, in Kitchen v. Herbert, Case. No. 13-4178, affirmed Judge Shelby's (U.S. District Court of Utah) decision holding that the Due Process Clause and Equal Protection Clause of the United States Constitution protect those who wish to marry a person of the same sex in the same way they protect those who wish to marry a person of the opposite sex, and declared that Utah's Amendment 3 to its constitution banning same-sex marriage did not withstanding strict scrutiny because the right to marry is a fundamental right protected by the Constitution.  In a 108 page opinion with included a lengthy dissent from Judge Kelly, the Tenth Circuit concluded that the State of Utah may not deny a citizen benefit of the right to marry based solely on the sex of the person the citizen chooses to marry.

For more information about the decision, and what Utah plans to do in response to the decision, you may want to read the Wall Street Journal's story or New York Times story on the decision.

Obviously, if the decision is affirmed or if the U.S. Supreme Court refuses to accept a petition for certiorari, there will be significant ramifications for Utah employers and employees in the areas of employment law. We will keep you updated and provide further guidance on the implications of this decision as the case moves forward.

If you have questions about employment or labor law issues, or want more details on this decision, please contact Stavros Law  at (801) 758-7604, or visit us at stavroslaw.com.