Same-sex marriage has been legally recognized in Utah since December 20, 2013, when the state began issuing marriage certificates for same-sex couples as a result of Judge Robert J. Shelby of the US District Court for Utah's decision in the case of Kitchen v. Herbert , who discovered that restrictions on same-sex couples from marriages violate the US Constitution. The issuance of the license was terminated during the period from January 6, 2014 to October 6, 2014, following a lawsuit resolution that opposed the state ban on same-sex marriage. On that day, after the US Supreme Court's refusal to hear an appeal in a case that found a Utah ban on unconstitutional unconventional marriage, the Tenth Circuit Court of Appeal ordered states to recognize same-sex marriage.
Same-sex marriage becomes a temporary law in the state on December 20, 2013, as a result of a US District Court decision for the Utah District. The United States Supreme Court remains in power on January 6, 2014, while the Tenth Circuit Court of Appeals in Denver considers the case. On June 25, 2014, the Tenth Circuit corroborates lower court rulings, a decision that sets precedents for each state in the circuit. However, the Tenth Circuit still maintains this decision.
The same-sex marriage conducted in December 2013 and January 2014 in the state is recognized by the Federal Government, but a decision requiring the state of Utah to recognize such marriages remains in force by the United States Supreme Court on July 18, 2014. The US Supreme Court rejected an appeal from the state of Utah on October 6, 2014, requires Utah to license and recognize same-sex marriage.
Video Same-sex marriage in Utah
Pernikahan
Statute
In 1977, Utah State Legislature passed laws prohibiting same-sex marriages in the state.
In 1995, the Utah Representative Council passed H.B. 366 , a bill that prohibits recognition out of country of same-sex marriage and union states in the state. On March 1, 1995, the Utah State Senate voted 24-1 to support the bill. On the same day, Governor Mike Leavitt signed the bill into law.
In 2004, the Utah State Legislature passed S.B. 24 , a law prohibiting same-sex marriage and "substantially equivalent" in the state. On March 23, 2004, Olene Walker signed the bill into law and the law took effect on the same day.
Constitution
On March 3, 2004, the Utah State Senate voted 20-7 to support the 3rd Amendment, a constitutional amendment prohibiting same-sex marriage and any "domestic union" which gives "equal or substantially equal legal effect". in the Utah Constitution. On the same day, the Utah Representative Council voted 58-14 to support the amendment. On November 2, 2004, the Utah voters approved an amendment with a margin of 65.8% to 33.2%. This amendment entered into force on 1 January 2005.
Kitchen v. Herbert District Courts
On March 25, 2013, three same-sex couples, including one married in Iowa, filed a lawsuit in the United States District Court for Utah District that sought to declare a Utah ban on unconstitutional unconstitutional marriage under the Constitution Clause Process and Constitutional Equality of the United States. The court heard the argument on 4 December. The state argues that there is "nothing unusual" in enforcing policies that encourage "responsible procreation" and "optimal mode of child rearing". The plaintiff's lawyers argue that the policy "is based on prejudices and biases that are religiously based on this country". On December 20, 2013, District Judge Robert J. Shelby hit a same-sex marriage ban as unconstitutional. He writes:
Amendment 3 perpetuates inequality by holding that families and same-sex couples are not current, nor will it ever be, worthy of recognition. Amendment 3 does not raise the status of marriage of the opposite sex; it merely degrades the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriages, protecting those interests by denying one of the most traditional aspects of marriage to its thousands of citizens: the right to form a family reinforced by a partnership based on love, intimacy, and shared responsibility.
It was the first federal court decision to handle state recognition of same-sex marriage since the US Supreme Court decision in the United States v. Windsor who holds Section 3 of the Marriage Defense Act , which rejects federal recognition of same-sex marriage, unconstitutional.
Marriage license
During the first six days after the decision, the Utah county clerk issued marriage licenses to more than 900 same-sex couples. The Utah State Senator Jim Dabakis, chairman of the Democratic Party of Utah, was one of the first to marry in Salt Lake City. Mayor Ralph Becker of Salt Lake City leads the ceremony and dozens more. Two couples in Washington County became same-sex couples to marry in areas other than Salt Lake County, shortly before the clerk's office closed on December 20.
Officials in Salt Lake County, the most populous county in the state, began issuing marriage certificates to same-sex couples soon after the verdict. District prosecutor Sim Gill said the decision prevented the state from imposing a ban: "The current state of law is that we can not ban [marriage]." Weber County announced plans to open Saturday, a day after the verdict, to process marriage certificates for same-sex couples, but canceled its plans by calling "security requirements" and fears that early opening could violate "equal protection provisions". Davis County began issuing licenses on Monday, December 23.
Some Utah County clerks initially refused to grant marriage licenses to same-sex couples, saying they were still reviewing the verdict and consulting with their local lawyers. Some continued to do so on December 23, Monday after the verdict, including Box Elder, Carbon, Juab, San Juan, Sanpete, Sevier and Utah counties. Officials in Sanpete and Sevier County say they will start offering licenses for same-sex couples on December 24th. Cache County closes the clerk's office altogether "to resolve legal issues and confusion made after the Shelbys Judge's decision" and start issuing licenses for same-sex couples the next day. The Clerk's Clerk's office was closed for two days and officers were on vacation. All districts but the Elder Box, Piute, San Juan and Utah issued or wanted to issue the same marriage certificate on December 24th.
Following the Ten Circuit denials at the request of the state to delay Shelby's order, Utah District Officer Bryan Thompson announced that the county would issue a marriage certificate for same-sex couples on December 26. The remaining countries of Box Elder, Piute and San Juan also announced they will issue a license.
Reactions and appeals by country
Utah Governor Gary Herbert responded to Shelby's decision the same day by saying: "I am very disappointed that a federal judge of activists is trying to override the wishes of the Utah people I am working with my legal counsel and the Attorney General acts to determine the best. Of course to defend traditional marriages within the bounds of Utah. "On December 24, he instructed his cabinet members that" If there are no conflicting laws, you must conduct business in accordance with a federal judge's decision until then the decision of the district court is currently handled by the Circuit Court 10. "
Bishop John Wester of the Roman Catholic Diocese of Salt Lake City, called the decision "an insult to a once holy and natural institution". Several other religious leaders welcomed the decision, including representatives of the Unitarian Universalist Association and Episcopal Bishop Scott Hayashi, who also advised "compassion" to those who objected to the decision: "These represented changes will cause them hurt, frustration and feelings that our country is heading in the wrong direction. "
The Attorney General's Office appealed the decision to the Tenth Circuit Court of Appeals and sought an emergency stance to prevent additional licenses from being issued to same-sex couples. The Tenth Circuit rejected the motion demanded on December 22 "[b] because the movement ahead of us does not meet the requirements of Federal or local appeals regulating the demand for residence". On December 23, Shelby refused a request to stay and the Tenth Circuit denied the two countries' emergency moves to stay temporarily. On December 24th, the Tenth Circuit again refused the state's request to stay. On December 31, the state requested the Supreme Court to issue a residence, granted by the Court on January 6, pending a decision by the Tenth Circuit.
On January 9, the Attorney General of Utah advised local officials to complete the processing of marriage papers for same-sex couples whose marriage was inaugurated "before the morning of January 6". The State announces that under that residence will return to enforce a Utah ban on granting licenses or recognizing same-sex marriage. On January 10, US Attorney General Eric Holder announced that the Federal Government would recognize 1,360 same-sex marriages that had been committed in Utah before his stay. Several attorneys from countries that have legalized same-sex marriage have announced that they will recognize Utah's marriage. According to the regulations issued on 15 January by the Utah Tax Commission, same-sex couples applying for a federal income tax return may apply for a joint return for their Utah income tax.
On January 16, the Utah Procuratorate's office announced that they had hired Gene C. Schaerr, a veteran litigator at state and federal appeals courts, to assist in his defense of Utah's ban on same-sex marriage. The oral argument in this case was heard on April 10, 2014.
On June 25, the Tenth Circuit confirms the decision of the district court, but also continues to implement its decision, pending further appeals or certiorari . "The Fourteenth Amendment protects the basic right to marry, build families, raise children, and enjoy the full protection of state marriage law," the court wrote in a 2-to-1 decision. "A country should not refuse the issuance of a marriage certificate for two, or refuse to recognize their marriage, only on the basis of the sex of persons in the marriage union." On August 5, the Utah Procuratorate Office asked the US Supreme Court to consider the case.
On October 6, the US Supreme Court rejected Utah's appeal without comment, allowing the Tenth Circuit to lift its stay. In response, Utah Governor Gary Herbert and Attorney General Sean Reyes announced that Utah would comply with the Court's decision and promptly advise state institutions to recognize same-sex marriages being legally made.
Evans v. Herbert
After staying in Kitchen, Utah returns to practice rejecting marriage licenses for same-sex couples and it no longer recognizes the legitimacy of marriages set up by same-sex couples in Utah while Justice Shelby comes to power in December 2013 and January 2014. On 21 January 2014, the ACLU filed a lawsuit on behalf of four same-sex couples who married in Utah during the period, raising concerns about the impact of Utah's actions on their adoption, parenting, and health benefits rights. On May 19, Judge Dale A. Kimball of the US District Court for Utah resolved at Evans v. Herbert that Utah had to admit same-sex marriages committed in Utah in December and January. On June 4, the state appealed Kimball's decision before it came into force. The Tenth Circuit announced on July 11 would not issue a permanent residence while the state appealed Kimball's decision. The State requested the US Supreme Court to issue a residence permit, and on July 18 Judge Sonia Sotomayor, after referring the question to another member of the court, granted the postponement of stay of the case by the Tenth Circuit. In August, the Tenth Circuit granted state requests for an additional month to appeal, fixing October 22 as a deadline.
After the US Supreme Court refused to hear Kitchen, Utah officials asked for the Tenth Circuit to close its appeal in this case, ending its attempt to deny the recognition of same-sex marriage in December/January. Permanent orders and orders were issued on November 24, 2014 by the United States District Court for Utah, Central Division.
Senate Bill 297
On March 11, 2015, the Utah Representative Council submitted, 66-9, Senate Bill 297 , a bill allowing exemptions for individuals, religious officials, religious organizations, and government officials and employees who objected to participating in issued marriage certificates for which they refused based on "firmly held beliefs about marriage, family, and sexuality." On March 12, 2015, the Utah Senate passed the bill, 25-3 with 1 abstention. On March 20, 2015, Governor Gary Herbert signed the bill into law and it came into force on May 12, 2015.
After Obergefell v. Hodges
On February 5, 2016, a bill that would change Utah marriage laws was introduced by Republican Kraig Powell. The bill would change the terms "husband and wife" to "spouses" or "married couples" so as to make all mentions of gender-neutral marriages. It will also remove the same-sex marriage ban. The bill had the first reading in the House of Representatives on February 8, 2016, but received no further reading in the House and Senate. The 2016 General Assembly ended on March 10, 2016 and as a result the bill was dead. Furthermore, a bill, entitled Uniform Amendment Changes Changed , was introduced in the Senate on 18 February 2016. It will update Utah adoption laws by replacing "mom and dad" with "parents". It also failed to qualify before March 10, 2016.
On March 10, 2016, Senator Jim Dabakis successfully postponed a vote on an anti-gay bill that sought to change the definition of joint tenants from "legally married couples" to "husbands and wives". The bill will stop same-sex couples from becoming legitimate joint tenants under Utah law. The bill was approved in the House of Representatives earlier in March and was last reading in the Senate, but just three minutes before the 2016 General Session ended on March 10, Dabakis postponed the reading by sneezing, killing the bill.
Maps Same-sex marriage in Utah
Domestic partnership
The Utah Senator, Greg Bell (Republican of the 22nd Senate District in County Davis) sponsored S.B. ("Mutual Dependence Benefits Contract") was unsuccessful in 2005. The bill would provide "for the creation of joint dependency benefit contracts, allowing two adults, not eligible to marry, to share certain rights and responsibilities regarding property ownership or health-related matters ".
The Utah State University administrator planned to create a domestic partnership registry in early 2005, but university legal adviser Craig Simper said it might violate the Utah Constitution. He said that marriage amendments require that "no other domestic union may be recognized as marriage or given equal or substantially equal legal effect." He said that the university "does not want to be a test case and does not intend to be a test case". Barry Franklin University Professor collected enough petition signatures on November 20, 2005 to raise issues at the University Faculty Senate to provide domestic partner benefits to university employees including those who are part of same-sex relationships. Senate members voted on December 5, 2005 to continue to examine this issue.
Salt Lake County Councilwoman Jenny Wilson, D-At Large, sponsored a failed bill in 2005. The bill would benefit domestic partners to local government employees including those who are part of same-sex relationships. Wilson sponsored a similar bill in 2009, which was approved. In 2013, the Salt Lake County Council approved the registration of a joint commitment.
Salt Lake City Mayor Ross C. "Rocky" Anderson signed an executive order in 2005 that benefits domestic partners to city government employees including those who are part of same-sex relationships. Arizona-based legal action group called the Defense Fund Alliance is suing the city, claiming that the order violates the Utah Constitution. The American Civil Liberties Union joins the city in defense of an order that says they protect "the right to be free from discrimination based on their relationship and the right to equal compensation for the same job."
Salt Lake City Council members adopted a law in 2008 providing a list of shared commitments for "unmarried domestic partners - gay or straight - and for other adults in financially dependent relationships, such as those caring for aging parents".
District Education Board members of Park City School adopted a policy in 2011 that provides domestic partner benefits to district employees including those who are part of same-sex relationships. Members of the Salt Lake City District School Board Education adopted a similar policy a few months later.
Public opinion
See also
- LGBT Rights in Utah
- same-sex marriage in the United States
References
Source of the article : Wikipedia
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