About this Case

Homosexual and lesbian couples who either desired to be married in Utah or, having already married elsewhere, wished to have their marriage recognized in Utah, sued to overturn an amendment to Utah's Constitution, as well as two statutes, that prohibited same-sex marriage.  Plaintiffs alleged violations of their Due Process and Equal Protection rights under the Fourteenth Amendment. The U.S. District Court and the U.S. Court of Appeals for the 10th Circuit ruled in favor of plaintiffs.  The state filed a petition for a writ of certiorari in the U.S. Supreme Court.

Summary of NLF's Brief

Our brief supporting the state’s request that the Supreme Court grant cert argued that homosexuals should not be considered a “suspect” or “quasi-suspect” class needing extra protection and whose claims should be reviewed under a “heightened scrutiny” standard of review.  We noted that political powerlessness is a key factor in identifying protected classes.  Homosexuals have powerful political allies both nationally and in Utah.  The homosexual community is well-financed by a broad range of contributors and resources.  Many religious groups support homosexual causes, and that public opinion is trending in favor of homosexuals, including on the marriage issue.