Case Summary & History
Family & Relationships
Kitchen v. Herbert
STATUS: Pending, Utah
Three same-sex couples filed a federal lawsuit challenging Utah’s laws prohibiting same-sex couples from marrying and refusing to respect the legal marriages of same-sex couples who married in other states.
The lawsuit argues that Utah’s laws barring same-sex couples from marrying and prohibiting the state from respecting the marriages of same-sex couples who married in other states violates the United States Constitution’s guarantees of equal protection and due process.
On December 20, 2013, U.S. District Court Judge Robert J. Shelby ruled that Utah’s ban on marriage by same-sex couples is unconstitutional. The State of Utah has appealed that decision to the United States Court of Appeals for the Tenth Circuit.
The couples, who live in Salt Lake and Wasatch Counties, are Derek Kitchen and Moudi Sbeity, Karen Archer and Kate Call, and Laurie Wood and Kody Partridge. They are represented by Peggy Tomsic of the Salt Lake City law firm of Magleby & Greenwood, P.C., and the National Center for Lesbian Rights (NCLR).