University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Evans v. Utah PB-UT-0002
Docket / Court 2:14-CV-00055 ( D. Utah )
State/Territory Utah
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Case Summary
In Kitchen v. Herbert, on December 20, 2013, the U.S. District Court for the District of Utah found Utah's ban on same-sex marriage unconstitutional. About 1300 same-sex marriages took place in Utah between that order and January 6, 201 ... read more >
In Kitchen v. Herbert, on December 20, 2013, the U.S. District Court for the District of Utah found Utah's ban on same-sex marriage unconstitutional. About 1300 same-sex marriages took place in Utah between that order and January 6, 2014, when the Supreme Court granted the state an emergency stay of order in Kitchen. Although these marriages are recognized as legal by U.S. Attorney General Eric Holder, the State has declined to recognize them: instead, on January 8th, 2014, the Governor's office issued a directive stating that "[b]ased on counsel from the Attorney General's Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice." This case litigates that issue.

On January 28th, 2014, four same-sex couples married in Utah between December 20th, 2013, and January 6th, 2014 brought suit under the Due Process Clause against the State of Utah in the U.S. District Court for the District of Utah. The plaintiffs were represented by attorneys from the American Civil Liberties Union. They sought recognition of their marriages and costs of suit and reasonable attorneys' fees. The plaintiffs alleged that they have valid marriages under Utah Code Title 30 Chapter 1, and argued that by putting their marriages "on hold", the defendants violated the plaintiffs' rights to due process of law.

On May 19th, 2014, the court (Judge Dave A. Kimball) issued a preliminary injunction order that prohibited Utah from applying state marriage bans retroactively to same-sex couples who were married in Utah between December 20th, 2013, and January 6th, 2014. Evans v. Utah, 2014 WL 2048343 (D. Utah, 2014). In the same ruling, this motion was stayed by the court for twenty-one days to allow the defendants to seek an emergency stay pending appeal from the Tenth Circuit.

On June 5th, 2014, the Tenth Circuit Court of Appeals granted a temporary stay of the district court's preliminary injunction order, pending its fuller consideration of a stay motion. On July 11, the Court of Appeals held that the state had not met the criteria for a longer-lived stay. However, it left the stay in effect until July 21, so that the state would have time to seek an emergency stay from the Supreme Court. On July 18, the Supreme Court granted such a stay, operative until resolution of the case by the Court of Appeals.

Megan Dolan - 06/26/2014
- 07/19/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) The State of Utah
Plaintiff Description Several same-sex couples who celebrated marriages after being issued marriage licences in the state of Utah, but whose marriages are now "on hold" by Utah.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2014 - n/a
Case Closing Year n/a
Case Ongoing Yes
Case Listing PB-UT-0001 : Kitchen v. Herbert (D. Utah)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
2:14-cv-55 (D. Utah) 06/06/2014
PB-UT-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
14-4060 (U.S. Court of Appeals) 06/19/2014
PB-UT-0002-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice of Removal of a Civil Action from State Court to Federal Court [With Complaint Attached] 01/28/2014
PB-UT-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint 01/28/2014
PB-UT-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order [Issuing Preliminary Injunction] 05/19/2014 (D. Utah)
PB-UT-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Grant of Temporary Stay] 06/05/2014
PB-UT-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/11/2014
PB-UT-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order in Pending Case 07/18/2014 (135 S.Ct. 16)
PB-UT-0002-0006.pdf | WESTLAW | Detail
Document Source: Supreme Court website
Judges Holmes, Jerome A. (Tenth Circuit)
PB-UT-0002-0005
Kelly, Paul Joseph Jr. (Tenth Circuit)
PB-UT-0002-0005
Kimball, Dale A. (D. Utah)
PB-UT-0002-0002 | PB-UT-0002-9000 | PB-UT-0002-9001
Lucero, Carlos F. (Tenth Circuit)
PB-UT-0002-0005
Monitors/Masters None on record
Plaintiff's Lawyers Block, Joshua A (New York)
PB-UT-0002-9000 | PB-UT-0002-9001
Farrell, Leah M. (Utah)
PB-UT-0002-9000 | PB-UT-0002-9001
Harstad, Kathryn K. (Utah)
PB-UT-0002-0004 | PB-UT-0002-9000 | PB-UT-0002-9001
Mejia, John (Utah)
PB-UT-0002-9000 | PB-UT-0002-9001
Otto, Rachel E. (Utah)
PB-UT-0002-0004 | PB-UT-0002-9000
Scholnick, Lauren I. (Utah)
PB-UT-0002-0004 | PB-UT-0002-9000 | PB-UT-0002-9001
Strindberg, Erik (Utah)
PB-UT-0002-0004 | PB-UT-0002-9000 | PB-UT-0002-9001
Defendant's Lawyers Douglas, Parker (Utah)
PB-UT-0002-9000 | PB-UT-0002-9001
Jones, Joni J. (Utah)
PB-UT-0002-0001 | PB-UT-0002-9000 | PB-UT-0002-9001
Kaiser, Kyle J. (Utah)
PB-UT-0002-0001 | PB-UT-0002-9000 | PB-UT-0002-9001
Other Lawyers None on record

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