(KCPW News) It was a much-anticipated move, but on Tuesday it became official: Utah has filed its petition with the United States Supreme Court requesting a hearing on Kitchen v. Herbert, the case that could decide for the country if same-sex marriage bans are constitutional.
In a statement on Tuesday, Utah Attorney General Sean Reyes defended his office’s filing with the nation’s highest court, saying it’s his responsibility to defend Utah’s constitution. He added, “All Utah citizens will benefit when the Supreme Court provides clear finality on the important issue of state authority to define marriage.”
In response, Reyes’ challenger in the upcoming election, Democrat Charles Stormont, called the filing a waste of taxpayer resources. He also said, “While states’ rights are incredibly important, they cannot trump individual rights.”
It’s yet to be determined whether or not the Supreme Court will take this case—in fact, they’re not obligated to do so. If the Court declined, the states within the Tenth Circuit, including Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming, effectively would be forced to recognize same-sex marriages.
If the case is taken, it could be heard as soon as this year, and decided sometime next year.
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