Utah celebrates 10th anniversary of same-sex marriage ruling

SALT LAKE CITY (ABC4) — Ten years ago today, a federal court handed down a historic ruling that is still changing lives in Utah’s LGBTQ community to this day — the legalization of same-sex marriages.

In 2013, U.S. District Court Judge Robert J. Shelby ruled in Kitchen v. Herbert that Utah’s ban on same-sex marriage was unconstitutional under the 14th Amendment to the U.S. Constitution. While the state appealed Shelby’s ruling to the 10th Circuit Court of Appeals and eventually the U.S. Supreme Court, neither court struck it down. In fact, the Supreme Court declined to hear the state’s appeal entirely, retroactively marking Dec. 20, 2013, as a groundbreaking day in Utah civil rights.

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Kody Partridge and Laurie Wood were one of three Utah couples who sued Utah over its law defining marriage as being exclusively between a man and a woman. Partridge and Wood remembered the court victory in an interview with ABC4 this week.

“Suddenly, we had all these messages, so finally we get it from our attorney, saying, ‘We won, go down and get married,'” said Partridge. After having been turned down previously, Partridge said officials at the County Clerk’s Office were gracious about getting the paperwork done. Hundreds of other couples joined them that day to get their licenses and exchange marriage vows. Wood said their marriage happened live on TV.

“And all the people just cheered,” said Wood. “It was the perfect wedding. Yeah, we didn’t have to plan anything.”

Partridge and Wood said they were as surprised over the ruling as the state was. At the time, Utah Attorney General Sean Reyes slammed Shelby’s ruling and moved to stop licenses being issued.

“[Reyes] said, ‘I want you to know this isn’t personal,” said Partridge. “And Laurie and I looked at each other and said, ‘It’s absolutely personal. This is about our lives.'”

While Shelby’s ruling stayed intact in the courts, the fight for other LGBTQ rights continued. In February 2014, a group known as the Capitol 13, blocked the entrance to a hearing at the Utah State Capitol, demanding lawmakers vote on a bill outlawing discrimination against gay people.

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Equality Utah Executive Director Troy Williams said the group was determined to shut lawmakers out of the capitol if LGBTQ citizens were going to be shut out of the conversation.

“We locked arms and we refused to move,” said Williams. “The state troopers came in and hauled us all away in handcuffs.”

Still, Williams said Shelby’s ruling gave momentum to the gay rights movement in Utah, and the climate began to expand beyond liberal support, as conservatives also stepped up to become allies to the cause. Partridge and Wood said they felt that shift, but they also noted the fight has never really ended. Wood said things may actually be tougher now than 10 years ago.

“I’ve said I probably wouldn’t be as willing and just jump for it, you know,” said Wood. “Now, the rhetoric is so much meaner.”

Williams said hate crimes against the LGBTQ community are on the rise nationwide and in Utah, and over 500 bills have been filed across the nation to further restrict gay rights. Wood called the current environment “frightening.”

The fight continues, but all agreed some progress has been made in the last decade. Williams pointed out that Republican congressional members and the Church of Jesus Christ of Latter-day Saints all supported a bill enshrining marriage equality into federal law.

In his monthly press conference this morning, Gov. Spencer Cox noted the anniversary of Shelby’s ruling, as well.

“There has been a major shift in making sure that we are protecting people’s rights,” said Cox. “I wish nothing but the best for the couples that are married and trying to make marriage work for them. Obviously, I have a different personal view of what that is and what that should be but from a legal standpoint I think that that’s really important and I’m grateful to see that this is one area where we have seen people coming together to help each other and to protect each other’s rights. It is an interesting opportunity to reflect.”

“Even in some of the most conservative and religious of spaces, we can make progress and we can help heal some of the wounds that have divided our communities and our families,” said Williams.

“It’s my nieces and nephews and their kids,” said Wood. “I mean, it’s just not even an issue. I mean, they can’t believe that it was something you had to fight for … I just have to have some faith that there are people willing to fight to keep the rights that we have.”

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