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Amendment 3 Challenge

Amendment 3 Challenge

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On March 25, three couples filed a federal lawsuit challenging Utah's ban on same-sex marriages. Here is the lawsuit.
On March 25, three couples filed a federal lawsuit challenging Utah's ban on same-sex marriages. Here is the lawsuit.

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Published by: The Salt Lake Tribune on Mar 26, 2013
Copyright:Attribution Non-commercial

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12/04/2013

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Case2:13-cv-00217-RJ
S
)ocument
2
Filed
O3l25l13
Page
1-
of
26
Peggy A.
Tomsic
(3879)tomsic@mqpclaw.com
James
E.
Magleby(7247)
maqlebv@mqpclaw.com
Jennifer
Fraser
Panish
(1
1207)parrish@mqpclaw.com
MAGLEBY
&
GREENwooD,
P.C.
'170
South Main Street, Suite 850
Salt
Lake
City,
Utah84101-3605Telephone:
801.359.9000
Facsimile: 801.359.901
1
Attorneys
for
Plaintiffs
IN
THE
UNITED
STATES
DISTRICT COURTDISTRICT
OF UTAH, CENTRAL
DIVISION
DEREK KITCHEN,
individually;
MOUDI
SBEITY,
individually;
KAREN ARCHER,
individually;
KATE
CALL,
individually;
LAURIEWOOD,
individually;
and
KODY PARTRIDGE,
individually,
Plaintiffs,
GARY
R.
HERBERT,
in his
official
capacity
as
Governor
of
Utah;JOHNSWALLOW,
in his
official
capacity
as
Attorney
General
of
Utah; and SHERRIESWENSEN,
in
her
official
capacity
asGlerk
of Salt
Lake
County,
Defendants.COMPLAINT
FOR
DECLARATORY ANDINJUNCTIVE
RELIEF
Case
No.
Honorable
 
Case 2:13-cv-00217-RJ
S
)ocument
2
Filed
O3l25lL3
Page
2
of
26
Plaintiffs
Derek
Kitchen,
Moudi
Sbeity,
Karen
Archer,
Kate Call, Laurie Wood,and KodyPartridge(collectively,"Plaintiffs")allege and
complain
against Defendants
Gary
R. Herbert, JohnSwallow, and
Sherrie Swensen,
in
their
official
capacities
(collectively,"State
of
Utah" or"Defendants"),as
follows:
INTRODUCTION
1.
More than40yearsago,
the Supreme
Court
of
the
United Statesrecognized
that
"[m]arriage
is
one of
the'basic
rights
of
man,' fundamental
to
our
veryexistence
and
survival."
Loving
v.
Virginia,388 U.S.
1, 12
(1967).
But
today,
as
a
resultof
the
approval of
Amendment
3
to
the
Utah
Constitution on
November
2,
2004,
and
its
effectivedate on
January
1,
2005
("Amendment3"),
the
State
of
Utah discriminatesagainst anddenies itsgayand lesbian citizens access
to
marriage byprovidingin
its
constitution
that"[m]aniageconsists
only
of
the
legalunion between a man and
a
woman."
Utah Constitution,
Art.
l, sec.
29.
Amendment
3
further
provides
that
"[n]o
domestic
union,however
denominated,
may be recognizedas amarriage orgiventhesame or substantially
equivalent
legal
effect."
/d.
This
unequal
treatment ofgay
men
and
lesbians
by
the
State
of
Utah denies them
the basic
liberties and equalprotectionsunder
the
law that are
guaranteed
by
the
Fourteenth Amendment to
the
United StatesConstitution.
2.
For
these reasons,
Plaintiffs seek
a
declaration from
this
Court
thatAmendment
3
violates
the
Fourteenth Amendment
to the
United States Constitution and
2
 
Case
2:
l3-cv-00217-RJS
Document
2
Filed031?51L3 Page
3
ot
26is
therefore
unlawful, and
a
judgmentto
permanentlyenjoin
enforcement
of
Amendment
3, andany
other
Utah
staiute that
seeks
to
exclude
gay
men and lesbians
from
access
to civil
marriage.
JURISDICTION
AND
VENUE
3.
This actionraises
questions
under
the
Constitution
of
the
United Statesand
42
U.S-C.
$
1983, and thusthis Court
has
jurisdictionover
all claims
for relief
pursuant28 U.S.C.
S
1331.
4.
Venue
isproper
in
this
Court
pursuant
to 28
U.S.C.
S
1391
(b)because
all
Defendantsreside
in
this
Districtand
the
State
of
Utah.
Venue
is
also
properbecause
a
substantial
part
of
the
events
giving
riseto
the
claims
occurred
in
this district.
NATURE
OF
THE
CASE
5.
This
action,
pursuant
to 42
U.S.C.
S
1
983,
seeks:
(1)a declaration
thatAmendment
3
to the
Utah Constitution,which deniesgay
and
lesbian individualstheopportunity
to
marry civilly and enter into
the
sameofficially sanctioned
family
relationship with
their
lovedones
as heterosexual
individuals aregrantedtheopportunity
to do;
and also denies
same-sex
coupleslegally
manied
in other states fromhaving
their
marriagerecognized
in
the
State
of
Utahas an officially sanctioned
family
relationship with
their
lovedones,
the
same
as
heterosexual
couples
legally married
in
other states are
officially
recognized
in
the State of
Utah, isunconstitutional under the
Due
Process and
Equal
Protection Clauses of
the
Fourteenth
Amendment
of
the
United

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