Stephen J. Buhler, Attorney at Law

Utah Supreme Court may have say in same sex marriage case

The United States is going through a change. Institutions that have been in place for decades are being questioned, actively fought and changed. This fight has been carried out in people's homes, the streets, the ballot and the court. While the changes might be indicative of a larger change in the United States for some, it is more personal for others - and the effects are more important to their daily lives.

Both sides of the federal lawsuit concerning the fates of those married during the 17 days same sex marriage was legal in Utah want Utah's Supreme Court to weigh in on the issue. Utah's attorney general has filed an order in federal court to have the matter heard by Utah's Supreme Court based on the fact that the issue involves a state statute. The plaintiff's want the state's Supreme Court to answer whether they and those like them have the same rights as opposite sex couples in the state. With cases in federal and state courts there are many family law issues being resolved.

Laws can be changed. Family laws have gone through many changes over the past several decades, from the advent of no-fault divorces to the creation of prenuptial agreements. The recognition of same sex marriage may end up being another one of those changes. While Utah's Supreme Court may rule on the issues before it, the decision can still be overruled. The United States Supreme Court may be faced with the same or similar issues sometime in the near future.

Source: Salt Lake Tribune, "Same-sex marriage: Both sides want Utah Supreme Court to have say" Marissa Lang, April 28, 2014

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