As expected, Utah is taking the fight over Amendment 3 directly to the Supreme Court.
The state decided not to ask the 10th Circuit Court to review the decision handed down last month ruling Utah’s ban on same-sex marriage was unconstitutional.
In a statement, the Utah Attorney General’s office said:
“To obtain clarity and resolution from the highest court, the Utah Attorney General’s office will not seek en banc review of the Kitchen v. Herbert Tenth Circuit decision, but will file for a Writ of Certiorari to the United States Supreme Court in the coming weeks. Attorney General Sean Reyes has a sworn duty to defend the laws of our state. Utah’s Constitutional Amendment 3 is presumed to be constitutional unless the highest court deems otherwise.”
The Supreme Court could decide to take up Utah’s appeal when the fall term begins later this year.
If the Supreme Court declines to take up the case, the 10th Circuit ruling will stand and cover the states of Utah, Colorado, Wyoming, Oklahoma, Kansas and New Mexico.