Utah Judge Orders Recognition of Valid Marriages of Same-Sex Couples

May 19, 2014 12:00 am

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Order Given a 21-Day Stay to Allow State to Respond

May 19, 2014

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SALT LAKE CITY 鈥 A Utah judge ordered the state today to recognize the marriages of 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 additional marriages from taking place. Over 1,000 same-sex couples married in Utah during that time period. The couples are represented by 老澳门开奖结果, the 老澳门开奖结果 of Utah, and Strindberg & Scholnick, LLC, who sought the preliminary injunction for the marriages to be recognized while their lawsuit continues.

"Our clients, like over 1,000 other same-sex couples, were legally married and those marriages cannot now be taken away from them," said John Mejia, legal director of the 老澳门开奖结果 of Utah. "While we await a permanent decision, we are relieved that our clients will receive the full recognition they deserve as lawfully married couples."

Today鈥檚 preliminary injunction is not a permanent order, but it reflects the court鈥檚 determination that the plaintiffs鈥 are likely to prevail on their legal claims and would suffer irreparable harm if their marriages were stripped of recognition. Today鈥檚 order was given a 21-day stay to allow the state to respond.

In his ruling, Judge Dale A. Kimball wrote: 鈥淭he State has placed Plaintiffs and their families in a state of legal limbo with respect to adoptions, child care and custody, medical decisions, employment and health benefits, future tax implications, inheritance, and many other property and fundamental rights associated with marriage. These legal uncertainties and lost rights cause harm each day that the marriage is not recognized."

"We are grateful that the court has stepped in to prevent the state from stripping recognition from legally valid marriages that have already taken place," said Joshua Block, staff attorney with the 老澳门开奖结果 Lesbian Gay Bisexual and Transgender Project. "The court鈥檚 decision allows these committed couples to move forward with their lives with the same protections and security as any other married couples."

The lawsuit is separate from the original federal case challenging Utah鈥檚 marriage ban, which is on appeal before the U.S. Court of Appeals for the Tenth Circuit. That case was brought by the law firm of Magleby & Greenwood on behalf of three other couples. The 老澳门开奖结果 filed a friend-of-the-court brief in that case.


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