Utah selects legal counsel to appeal gay marriage; Oklahoma same-sex ban lift influenced by Utah proceedings

Written by Cami Cox

As the Utah Attorney General’s office deliberates on its choice of an outside law firm to aid in appealing the state’s overturned same-sex marriage ban, a similar battle is being waged in Oklahoma, where a federal judge also struck down that state’s voter-sanctioned gay marriage ban on Jan. 13.

In his decision to overturn Oklahoma’s ban on same-sex marriage, Judge Terence C. Kern referred to Utah’s Herbert v. Kitchen case and similarly ruled that Oklahoma’s marriage ban, put in place by voters, was unconstitutional.

Despite protests and petitions from gay rights activists, the State of Utah continues its legal fight to restore 2004’s Amendment 3 and successfully appeal Judge Shelby’s ruling, which legalized gay marriage in December and was later stayed pending appeal (though not without some legal tousling in the U.S. 10th Circuit Court of Appeals and an ultimate grant of stay by the Supreme Court). Because of the ongoing battle in Utah and how it has played out, Kern immediately stayed his decision pending appeal regarding same-sex marriage in Oklahoma – a state that is also under the jurisdiction of the 10th Circuit Court of Appeals – after overturning that state’s ban.

The 10th Circuit Court of Appeals has set an accelerated schedule for Utah’s case, with the state’s first written argument due on Jan. 27.

In a controversial move to bring in outside legal counsel to appeal the legalization of gay marriage (to the tune of up to $2 million), Utah is partially seeking outside counsel because the state’s team of attorneys, which is prepping the appeal, lacks experience in the appellate and U.S. Supreme Courts. The chosen law firm is being selected from around a dozen applicants that put in for the job of representing the state in its fight to define marriage as being between one man and one woman, and the selected firm could be announced as soon as today.

The state’s earlier estimate that fighting same-sex marriage could cost $2 million has reportedly been lessened, as private donors have come forward to aid in the effort. Among them is conservative public policy think tank Sutherland Institute, which aims to preserve Utah as “a place of family, faith and opportunity” and operates with a mission of “protecting the cause of freedom, constructively influencing Utah’s decision makers, and promoting responsible citizenship,” according to the organization’s website. The Sutherland Institute has been quoted as saying it would be willing to foot the state’s entire legal bill if the right counsel and strategy were put in place.