In a brief, the plaintiffs said that nothing short of a ruling from the highest court in the land can rectify the inequalities that same-sex couples face.
“In the past year, lower courts around the country have correctly recognized that state laws prohibiting same-sex couples from marrying violate the Constitution,” said the couples’ request. “Yet because these rulings do not apply nationwide, same-sex couples continue to experience great uncertainty and serious harm.”
On Aug. 5, the state of Utah asked the Supreme Court to hear the couples’ case after a U.S. District Court judge and the 10th U.S. Circuit Court of Appeals ruled against the state’s same-sex marriage ban.
“This is one country, and we have only one Constitution,” said Peggy Tomsic of Salt Lake City, the lead counsel for the couples. “We hope the Supreme Court will review this case and affirm the Tenth Circuit’s ruling that same-sex couples have the same fundamental freedom to marry as others and that the law must treat their families equally.”
The nation's highest court last year struck down the Defense of Marriage Act, a federal law that spelled out marriage as a union between one man and one woman.