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13-4178 #5109

13-4178 #5109

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Published by Equality Case Files
[10145109] State's request to file oversized brief
[10145109] State's request to file oversized brief

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Categories:Types, Business/Law
Published by: Equality Case Files on Jan 30, 2014
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02/12/2014

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
DEREK KITCHEN, individually; MOUDI SBEITY, individually; KAREN ARCHER, individually; KATE CALL, individually; LAURIE WOOD, individually; and KODY PARTRIDGE, individually, Plaintiffs - Appellees, v. GARY R. HERBERT, in his official capacity as Governor of Utah, and SEAN D. REYES, in his official capacity as Attorney General of Utah, Defendants – Appellants, and SHERRIE SWENSEN, in her official capacity as Clerk of Salt Lake County. Defendant.
No. 13-4178 DEFENDANTS-APPELLANTS’ UNOPPOSED MOTION TO EXCEED WORD COUNT IN THEIR OPENING BRIEF
Appellate Case: 13-4178 Document: 01019194552 Date Filed: 01/29/2014 Page: 1
EQCF#42 Docket Reference [10145109]
 
1 Pursuant to 10
th
 Cir. R. 28.3, Defendants-Appellants Gary R. Herbert, in his official capacity as Governor of Utah, and Sean D. Reyes, in his official capacity as Attorney General of Utah, request permission to use up to an additional 10,000 words in their opening brief. Plaintiffs do not oppose the request.
GROUNDS TO EXCEED WORD COUNT
Compelling and extraordinary circumstances justify the filing of a brief exceeding the word count. 10
th
 Cir. R. 28.3 (“Motions to exceed the word count will be denied unless extraordinary and compelling circumstances can be shown.”). This appeal presents one of the most important and debated legal and policy questions of our time: the constitutionality of a State’s decision to define marriage as only the union of a man and a woman. The questions presented are important not just to Utah and its citizens but also (1) to other States within the Circuit who define marriage as does Utah, and (2) to most other States and citizens around the country who have an interest, one way or the other, in the on-going marriage-definition debate.
Appellate Case: 13-4178 Document: 01019194552 Date Filed: 01/29/2014 Page: 2
 
2 The marriage issue is not only compelling, it is also legally and sociologically substantive, and deserves and requires thoughtful and thorough development and analysis. Moreover, to fully and fairly explain the compelling State interests at stake and how the traditional definition of marriage serves those interests, State Defendants must discuss and cite a vast amount of social science material pertaining to those interests. By themselves, the pertinent citations to the social science evidence cut well into the currently allowed word count. For these reasons, the district court allowed the Plaintiffs and State Defendants to file over-length motions for summary judgment and responses. Similarly, in
 Perry v. Brown
, 671 F.3d 1052 (9
th
 Cir. 2012),
vacated and remanded sub nom. Hollingsworth v. Perry,
133 S. Ct. 786 (2013), the Ninth Circuit allowed both sides to file opening briefs of 31,000 words. And in
Sevcik v. Sandoval,
No. 12-17668, the Ninth Circuit allowed both sides to file opening briefs of 26,500 words. The request for 24,000 words in this case is modest by comparison. The compelling nature of the marriage question in general, its extraordinary importance to people in Utah and throughout the country, and the critical need to fully discuss both the constitutional
Appellate Case: 13-4178 Document: 01019194552 Date Filed: 01/29/2014 Page: 3

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