The state of Utah today appeared in federal court to defend its decision to bar legally married same-sex couples from accessing state and local benefits, status, and protections automatically provided to different-sex couples. The State told the Court that since a federal judge’s December ruling allowing same-sex marriages to begin was controversial and likely to be appealed, the couples shouldn’t now be surprised they aren’t being allowed benefits.
The attorneys for the plaintiffs denied that claim, responding they were legally married at the time and thus entitled to benefits. The U.S. Supreme Court placed those marriages on hold just a few short weeks later. About 1000 same-sex couples had legally married between December 20, 2013, and January 6, 2014.
Reporter Ben Winslow of Salt Lake City’s Fox 13, who has been doing an excellent job covering all things related to same-sex marriage in Utah, posted these tweets this afternoon, following today’s hearing:
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Judge Kimball grilled the state, noting marriages were performed. “Does it mean nothing?” he asked. @fox13now #utpol #LGBT #Amendment3
— Ben Winslow (@BenWinslow) March 12, 2014
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“It doesn’t mean rights were invested permanently,” AG’s lawyers told the judge. #Amendment3 is not decided. @fox13now #utpol #LGBT
— Ben Winslow (@BenWinslow) March 12, 2014
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The ACLU argued that the state’s hold on the same-sex marriages actually causes harm to couples. @fox13now #utpol #LGBT #Amendment3
— Ben Winslow (@BenWinslow) March 12, 2014
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ACLU cited adoptions in process, medical directives, child case issues as evidence of harm already. @fox13now #utpol #LGBT #Amendment3
— Ben Winslow (@BenWinslow) March 12, 2014
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No word yet on when the judge will rule.
Image:Â Matthew Barraza and Tony Milner, plaintiffs, walking out of court today. Photo by Ben Winslow via Instagram