Supreme court decides to make no decision
There were cases from five different states about the legality of same-sex marriage that the United States Supreme Court could choose from to hear. On Monday they chose to hear none of them. The decision, or lack thereof, effectively adds 11 states to list of states that now allow same-sex marriage, bringing the total to 30.
“I am surprised about this and disappointed,” said Governor Gary Herbert. “I believe that the people deserve to have this hearing taking place at the Supreme Court level to determine what is a significant issue of our time.”
Kitchen vs. Herbert was one of the five cases the court could have chosen from, with the other ones coming from Virginia, Indiana, Wisconsin and Oklahoma. Because the cases also went to and were upheld in district courts, same-sex marriage is legal in Colorado, Wyoming, Kansas, West Virginia, South Carolina and North Carolina.
“I think that it would have been interesting if the Supreme Court had taken it up, just because it would have been interesting to see their constitutional interpretation of whether or not a marriage is, as a fundamental right, extends to people of the same sex,” said Josh DeFriez, a senior majoring in economics who identifies as gay. “That would have been interesting, but obviously that’s not something that we want to do right now. 31 states have already legalized it so things have changed a lot in the last five years.”
Most people on either side of the issue expected the Supreme Court to take one of the cases.
“As I have said all along, the people of Utah and people across the country deserve clarity with respect to the law. It is best if that clarity comes from the nation’s highest court,” Herbert said. “I am surprised—as are many on both sides of the issue—that the Supreme Court has made the decision not to consider Utah’s case, or any similar case from another state.”
Though the development is a surprise, most lesbian, gay, bisexual and transgender people, or LGBT, in Utah are happy that same-sex marriage is legal in their state.
“Obviously I think it’s great for Utah, it makes it easier for us. Kind of mixed feelings on it, had the Supreme Court taken up the case then there would have been a blanket statement about marriage equality,” said Brooke Lambert, USU’s program coordinator for LGBTQA students. “But speaking just for Utah, that works for us and marriage equality being legal right away as opposed to waiting months and months for a ruling is a good thing.”
The state spent $600 thousand dollars in Kitchen vs. Herbert. The case was a lawsuit by plaintiffs’ Derek Kitchen, Moudi Sbeity, Laurie Wood, Kody Partridge, Karen Archer and Kate Call for the right to marry. Gov. Herbert stressed that, though he does not agree with the decision, Utahns should move on.
“I believe states should have the right to determine their own laws regarding marriage. That said, we are a society of laws and we will uphold the law. I have instructed state agencies to implement necessary changes in light of today’s news,” Herbert said. “Once again, I encourage all Utahns—regardless of their personal beliefs on this issue—to treat each other with respect.”