U.S. District Court Judge Robert J. Shelby of the District of Utah heard oral arguments yesterday on a lawsuit challenging that state's ban on same-sex marriage, the Salt Lake Tribune reports. Shelby said the constitutionality of the ban will turn on whether the copules are "seeking a new right or establishing access to an existing, fundamental right to state-sanctioned marriages," The Tribune further reports.
State attorneys argue that the plaintiffs are seeking to establish a new right and the ban should get rational basis scrutiny "to determine if Utah’s law promotes a legitimate government interest in supporting responsible procreation and the 'gold standard' of two biological parents for child rearing," according to The Tribune.
In contrast, the plaintiffs’ attorney "advocated a heightened-scrutiny standard, which would recognize same-sex couples as an unprotected class such as racial minorities or women."
In the view of state attorneys, the lawsuit is aimed at establishing a new right, one that no other federal court has recognized. In the view of attorneys representing the plaintiffs, it is about gaining access to the fundamental right to chose whom to love and marry.
Lawyer and Legal Journalist
