Utah files same

Utah on Tuesday became the first state to file a petition with the U.S. Supreme Court asking the nation's nine justices to weigh in on the issue of same-sex marriage.

It's the state's last chance to revive its voter-approved ban on same-sex marriage, which was found to violate the U.S. Constitution by a federal judge and, most recently, the 10th Circuit Court of Appeals.

Utah announced last month its intent to appeal the 10th Circuit's decision to the nation's high court. The Supreme Court is on break until the fall, at which point the justices will review Utah's petition and decide whether to hear the case - known as granting certiorari.

Should the court decline to hear the case and deny Utah's request, the 10th Circuit's decision would stand - effectively legalizing same-sex marriage in all of the states in that circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.

The question presented to the court, according to the state's petition, is 'whether the Fourteenth Amendment to the United States Constitution prohibits a state from defining or recognizing marriage only as the legal union between a man and a woman.'

Utah's Attorney General Sean Reyes said in a statement Tuesday the case of Kitchen v. Herbert, which made history when U.S. District Judge Robert J. Shelby struck down the state's Amendment 3 ban on same-sex unions on Dec. 20, has caused 'uncertainty and disruption.'

'We ... have accordingly tried to expedite its resolution as quickly as possibly by filing our petition a full month-and-a-half before its September 23rd due date,' Reyes said. 'Utah welcomes a speedy grant of the petition and a Supreme Court merits decision, as all Utah citizens will benefit when the Supreme Court provides clear finality on the important issue of state authority to define marriage.'

Despite criticism from citizens, lawmakers and his Democratic challenge for the seat of attorney general, Charles Stormont, Reyes has repeatedly said the state's decision to defend its ban on gay and lesbian marriages stems from a belief in his responsibility to 'defend the State Constitution and its amendments as Utah citizens have enacted them.'

The Tribune will continue to update this story as more information becomes available.

mlang@sltrib.com

Twitter: @Marissa_Jae