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BERG v. STATE

No. 20030842-CA.

100 P.3d 261 (2004)

2004 UT App 337

D. BERG, Plaintiff and Appellant, v. STATE of Utah; Olene S. Walker, Governor; and Mark Shurtleff, Attorney General, Defendants and Appellees.

Court of Appeals of Utah.

September 30, 2004.

Attorney(s) appearing for the Case

Brian M. Barnard and James L. Harris Jr., Utah Legal Clinic, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General and Jerrold S. Jensen, Assistant Attorney General, Salt Lake City, for Appellees.

Before Judges BENCH, DAVIS, and GREENWOOD.

OPINION

BENCH, Associate Presiding Judge:

¶ 1 D. Berg appeals the trial court's order dismissing his federal and state claims for lack of standing. We affirm.

BACKGROUND

¶ 2 During the last three years, Berg has engaged in private, heterosexual, consensual sexual acts with another unmarried adult. Berg admits that these acts violate Utah's criminal laws against sodomy, see Utah...

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