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2:14-cv-00055 #8

2:14-cv-00055 #8

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Published by Equality Case Files
Doc 8 - Motion for Preliminary Injunction
Doc 8 - Motion for Preliminary Injunction

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Published by: Equality Case Files on Feb 06, 2014
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02/13/2014

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF UTAH, CENTRAL DIVISION JONELL EVANS, STACIA IRELAND, MARINA GOMBERG, ELENOR HEYBORNE, MATTHEW BARRAZA, TONY MILNER, DONALD JOHNSON
, and
KARL FRITZ SCHULTZ,
 Plaintiffs, vs.
STATE OF UTAH, GOVERNOR GARY HERBERT
, in his official capacity; and
ATTORNEY GENERAL SEAN REYES
, in his official capacity, Defendants.
MOTION FOR AND MEMORDAM IN SUPPORT OF PRELIMINARY INJUNCTION
Case No. 2:14-cv-55DAK Erik Strindberg (Bar No. 4154) Lauren I. Scholnick (Bar No. 7776) Kathryn Harstad (Bar No. 11012) Rachel E. Otto (Bar No. 12191)
STRINDBERG & SCHOLNICK, LLC
675 East 2100 South, Ste. 350 Salt Lake City, UT 84106 Telephone: (801) 359-4169 Facsimile: (801) 359-4313 erik@utahjobjustice.com lauren@utahjobjustice.com kass@utahjobjustice.com rachel@utahjobjustice.com
 Attorneys for Plaintiffs
John Mejia (Bar No. 13965) Leah M. Farrell (Bar No. 13696)
ACLU of Utah
355 North 300 West Salt Lake City, Utah 84103 Telephone: (801) 521-9862 Facsimile: (801) 532-2850  jmejia@acluutah.org lfarrell@acluutah.org Joshua A. Block*
ACLU LGBT Project
125 Broad Street, Floor 18  New York, New York, 10004 Telephone: (212) 549-2593 Facsimile: (212) 549-2650  jblock@aclu.org *
 Admitted Pro hac vice
 
Case 2:14-cv-00055-DAK Document 8 Filed 02/04/14 Page 1 of 39
 
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Table of Contents RELIEF REQUESTED
Case 2:14-cv-00055-DAK Document 8 Filed 02/04/14 Page 2 of 39
 
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RELIEF REQUESTED
Plaintiffs JoNell Evans, Stacia Ireland, Marina Gomberg, Elenor Heyborne, Matthew Barraza, Tony Milner, Donald Johnson, and Karl Fritz Schultz (collectively referred to as the “Plaintiffs”), by and through their undersigned attorneys, hereby move the Court for a  preliminary injunction against the State of Utah, Governor Gary Herbert, and Attorney General Sean Reyes (collectively referred to as “Defendants” or the “State of Utah” or the “State”) as follows: Defendants must immediately recognize the marriages by same-sex couples entered into  pursuant to Utah marriage licenses issued between December 20, 2013, and January 6, 2014, including Plaintiffs’ marriages, as valid marriages and must afford all such couples and their families, including Plaintiffs, with all of the protections and responsibilities given to all married couples under Utah law. Further, because the resolution of Plaintiffs’ claims turns on an unsettled question of Utah law, Plaintiffs respectfully request that this Court act on an expedited basis to certify those questions to the Utah Supreme Court and grant a preliminary injunction pending such certification. The Memorandum in Support of Preliminary Injunction follows.
INTRODUCTION
Plaintiffs are four same-sex couples legally married in Utah between December 20, 2013, and January 6, 2014, the period from the day the U.S. District Court in
Kitchen v. Herbert 
 enjoined Utah from prohibiting same-sex couples to marry or refusing to recognize such marriages until the day that injunction was stayed pending appeal. When Plaintiffs solemnized their marriages in accordance with Utah law, they immediately obtained vested rights in the
Case 2:14-cv-00055-DAK Document 8 Filed 02/04/14 Page 3 of 39

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