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Utah same-sex marriage case could be thrown out on a technicality

The question of whether the suit targeted the appropriate officials may become an issue.



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This, Schaerr states in his letter to the court, is further proof that with or without the Salt Lake County clerk, the governor and the attorney general are within their jurisdiction to appeal the case to the 10th Circuit and, perhaps, beyond.

"Utah marriage licenses are issued by county clerks [...] not by court clerks," Schaerr wrote. "Plaintiffs’ suit thus satisfied the demands of Article III standing."

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The 10th Circuit Court of Appeals panel, consisting of Judges Carlos F. Lucero, Paul J. Kelly and Holmes, will likely address the question of jurisdiction in their decision.

It is not known when this decision may be issued, though experts estimate it could take anywhere from one to three months.

Should the court rule on the merits of the case and side with — or oppose —the lower court’s decision, its ruling would effectually extend to all states in the 10th Circuit, including Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.

mlang@sltrib.com

Twitter: @Marissa_Jae




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