Brief of Amici Curiae Family Law Professors in Support of Plaintiffs-Appellees and Affirmance in Kitchen v. Herbert

45 Pages Posted: 13 Mar 2018 Last revised: 10 May 2018

See all articles by Laura T. Kessler

Laura T. Kessler

University of Utah - S.J. Quinney College of Law

Courtney G. Joslin

University of California, Davis - School of Law

Joan Heifetz Hollinger

University of California, Berkeley Law School

Date Written: March 4, 2014

Abstract

This amici curiae brief was filed in the United States Circuit Court for the Tenth Circuit on behalf of 40 family and child welfare law professors in Kitchen v. Herbert, the federal case challenging the state of Utah's ban on same-sex marriage.

The amici brief seeks to provide the 10th Circuit U.S. Court of Appeals with a more complete and accurate understanding of the multiple purposes of marriage, and its relationship to procreation and parentage. The right to marry, the Professors explain, has never been conditioned on an ability or willingness to procreate. Amici also explain that Utah's preference for "dual gender" parenting is inconsistent with constitutional principles, and they show that there is no legal basis for any assertion that federal law favors biological parentage over the decisions of many married couples - both opposite-sex and same-sex - to adopt children or conceive children through assisted reproduction. Finally, amici demonstrate that Utah’s same-sex marriage ban undermines rather than furthers the state’s interests in children and child welfare.

Keywords: marriage, right to marry, lesbian, gay, equal protection, rational basis, procreation, children, biology, family, children, irrational, animus, Utah

JEL Classification: K36

Suggested Citation

Kessler, Laura T. and Joslin, Courtney G. and Hollinger, Joan Heifetz, Brief of Amici Curiae Family Law Professors in Support of Plaintiffs-Appellees and Affirmance in Kitchen v. Herbert (March 4, 2014). University of Utah College of Law Research Paper No. 257. Available at SSRN: https://ssrn.com/abstract=3136067 or http://dx.doi.org/10.2139/ssrn.3136067

Laura T. Kessler (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 South University St.
Salt Lake City, UT 84112-0730
United States
801-585-9697 (Phone)
801-581-6897 (Fax)

HOME PAGE: http://faculty.utah.edu/u0294453-LAURA_T_KESSLER/hm/index.hml

Courtney G. Joslin

University of California, Davis - School of Law ( email )

400 Mrak Hall Drive
Davis, CA CA 95616
United States
(530) 752-8325 (Phone)

Joan Heifetz Hollinger

University of California, Berkeley Law School ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
15
Abstract Views
303
PlumX Metrics