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Case Name Roe v. Patton PB-UT-0003
Docket / Court 2:15-cv-00253-DB ( D. Utah )
State/Territory Utah
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Case Summary
On April 13, 2015, a same-sex married couple filed this lawsuit against Utah in the District Court of the District of Utah. Suing under 42 U.S.C. § 1983, the plaintiffs asked for a preliminary injunction requiring the defendant to apply the relevant sections of the Utah Uniform Parentage Act to ... read more >
On April 13, 2015, a same-sex married couple filed this lawsuit against Utah in the District Court of the District of Utah. Suing under 42 U.S.C. § 1983, the plaintiffs asked for a preliminary injunction requiring the defendant to apply the relevant sections of the Utah Uniform Parentage Act to female spouses of women who give birth through assisted reproduction using donor sperm in the same way they apply the assisted-reproduction statutes to male spouses in the same situation. Specifically, the plaintiffs sought an order requiring the defendant to recognize both of them as legal parents of their child and to issue a birth certificate for the child that identifies them both as legal parents.

On July 22, 2015, the District Court (Judge Dee Benson) issued a preliminary injunction enjoining the defendant from enforcing the sections of its Uniform Parentage Act at issue in a way that differentiates between male spouses of women who give birth through assisted reproduction with donor sperm and similarly situated female spouses of women. Roe v. Patton, No. 2:15-cv-00253-DB, 2015 WL 4476734, at *1 (D. Utah. July 22, 2015). The defendants complied with the injunction, including issuing a birth certificate for the plaintiffs' child listing them both as parents.

On October 16, 2015, the plaintiffs and defendants submitted a joint stipulated proposed order granting a permanent injunction.

On October 20, 2015, the District Court (Judge Dee Benson) converted the preliminary injunction to a permanent injunction and awarded $24,302 in attorney's fees and costs to the plaintiffs.

Sarah Precup - 10/26/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
Family discrimination
Sex discrimination
Sexual orientatation
General
Adoption
Disparate Treatment
Gay/lesbian/transgender
Juveniles
Marriage
Record-keeping
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Utah
Plaintiff Description A same-sex couple who jointly decided to have a child together with the assistance of sperm from an anonymous donor.
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 Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement None on record
Order Duration 2015 - n/a
Case Closing Year n/a
Case Ongoing No
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)
2:15-cv-253 (D. Utah) 10/20/2015
PB-UT-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/13/2015
PB-UT-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order Granting Preliminary Injunction 07/22/2015 (2015 WL 4476734) (D. Utah)
PB-UT-0003-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Joint Motion to Enter Permanent Injunction 10/16/2015
PB-UT-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Injunction 10/20/2015 (D. Utah)
PB-UT-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Benson, Dee Vance (FISC, D. Utah)
PB-UT-0003-0002 | PB-UT-0003-0004
Monitors/Masters None on record
Plaintiff's Lawyers Block, Joshua A (New York)
PB-UT-0003-0001 | PB-UT-0003-0003 | PB-UT-0003-9000
Farrell, Leah M. (Utah)
PB-UT-0003-0001 | PB-UT-0003-0003 | PB-UT-0003-9000
Mejia, John (Utah)
PB-UT-0003-0001 | PB-UT-0003-0003 | PB-UT-0003-9000
Defendant's Lawyers Douglas, Parker (Utah)
PB-UT-0003-0003 | PB-UT-0003-9000
Other Lawyers None on record

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