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 U.S. District Judge Robert Shelby, ruling in a lawsuit brought by
three gay couples, found that an amendment to the Utah Constitution
defining marriage as exclusively between a man and a woman violated
the rights of gay couples to due process and equal protection under
the U.S. Constitution.
"The state's current laws deny its gay and lesbian citizens their
fundamental right to marry and, in doing so, demean the dignity of
these same sex couples for no rational reason. Accordingly, the
court finds that these laws are unconstitutional," Shelby said.
The judge's 53-page decision barred the state from enforcing its ban
and adds to growing momentum toward legalizing gay marriage across
the nation.
It also touched off an immediate rush to the altar by gay couples,
especially in Salt Lake City, where a festive atmosphere broke out
in the county government building that played host to a string of
impromptu weddings — including that of a state senator to his
longtime partner.
But a spokesman for the state's Attorney General's office said
lawyers would seek an emergency stay of the judge's order while the
office appealed to a higher court.
"I am very disappointed an activist federal judge is attempting to
override the will of the people of Utah," said Utah Governor Gary
Herbert. I am working with my legal counsel and the acting attorney
general to determine the best course to defend traditional marriage
within the borders of Utah."
The ruling, if it is not stayed by a higher court, would make Utah
the 18th U.S. state to allow same-sex nuptials, adding to a growing
number that have seen gay marriage legalized in recent months.
On Thursday, the New Mexico Supreme Court ruled to allow same-sex
marriage across that state, ending legal ambiguity on the issue
there. Last month, the governors of Hawaii and Illinois both signed
bills to legalize same-sex weddings.
Shelby, in finding for the plaintiffs in the Utah case, rejected
arguments by the state that it had the right to define marriage free
of interference from the federal government.
"The court agrees with Utah that regulation of marriage has
traditionally been the province of the states, and remains so
today," Shelby wrote. But he said any state regulations must still
comply with the U.S. Constitution.
"IT FEELS UNREAL"
The three couples who sued to overturn Utah's same-sex marriage ban
all live in Utah. One couple, Karen Archer and Kate Call, were
married in Iowa, which allows gay marriage, but want their union to
be recognized in Utah. The other two couples were denied marriage
licenses by the Salt Lake County Clerk's Office, according to court
papers.
"It feels unreal," plaintiff Moudi Sbeity, who sued along with
partner Derek Kitchen, told the Salt Lake Tribune newspaper after
Shelby's ruling. "I'm just very thrilled that Derek and I will be
able to get married soon, if all goes well and the state doesn't
appeal."
Couple J. Seth Anderson, 31, and Michael Ferguson, 32, said they
were the first to wed, after getting a text message from an attorney
friend about the ruling and rushing to the county government
building in their jeans and sweatshirts.
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Salt Lake City Mayor Ralph Becker, meanwhile, officiated at the
wedding of State Senator Jim Dabakis to his partner of 27 years
Stephen Justesen in an atrium at the county building. By the end of
the day, Becker said he had officiated at 33 ceremonies.
Dabakis said after marrying Justesen, who is an art dealer, that he
never wanted to get married in any other state than Utah, and that
he was disappointed the governor is seeking to overturn the ruling.
"I guess I won't be getting a wedding present (from the governor),"
Dabakis joked.
In a sign of their hurry to wed, many were dressed informally, with
one woman arriving in hospital scrubs. Salt Lake County deputy clerk
Dahnelle Burton-Lee said that by the end of the day, 124 marriage
licenses had been issued, a possible record, although about a dozen
may have gone to heterosexual couples.
Same-sex couples also tried to obtain marriage licenses in Weber
County, Washington County, Davis County and Utah County, but clerks
there turned them away on the grounds that they needed to see the
federal court ruling and evaluate it, said Kent Frogley, vice
chairman of the board of the Utah Pride Center, a gay advocacy
group.
"I feel like we were denied our rights," said Terri Henry, 47, who
was turned down at the Utah County clerk's office in Provo when she
tried to obtain a license to marry her partner, Penny Kirby, 51. "I
love Penny, and we deserve this recognition."
Lawmakers in Utah, home to the Church of Jesus Christ of Latter-Day
Saints, had passed laws to prohibit gay marriage, and voters in 2004
approved an amendment to the state constitution restricting marriage
to the union between a man and a woman.
The Mormon Church, which has softened its stance on homosexuality in
recent years, saying the origins of sexuality are not fully
understood, was not a party to the lawsuit but wields considerable
influence in the state.
"The Church has been consistent in its support of traditional
marriage while teaching that all people should be treated with
respect," a Church spokesman said. "We continue to believe that
voters in Utah did the right thing by providing clear direction in
the state constitution that marriage should be between a man and a
woman and we are hopeful that this view will be validated by a
higher court."
(Reporting by Alex Dobuzinskis and Dan Whitcomb;
writing by Dan
Whitcomb; editing by Cynthia Johnston, Leslie Gevirtz, David
Gregorio, Eric Walsh, Sharon Bernstein and Lisa Shumaker)
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