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KITCHEN v. HERBERT

No. 13-4178.

755 F.3d 1193 (2014)

Derek KITCHEN; Moudi Sbeity; Karen Archer; Kate Call; Laurie Wood; Kody Partridge, individually, Plaintiffs-Appellees, v. Gary R. HERBERT, in his official capacity as Governor of Utah; Sean Reyes, in his official capacity as Attorney General of Utah, Defendants-Appellants, and Sherrie Swensen, in her official capacity as Clerk of Salt Lake County, Defendant.

United States Court of Appeals, Tenth Circuit.

June 25, 2014.

Attorney(s) appearing for the Case

Gene C. Schaerr , Special Assistant Attorney General, Salt Lake City, UT ( Brian L. Tarbet , Chief Deputy Attorney General, Parker Douglas , Chief of Staff and General Counsel, Stanford E. Purser , and Philip S. Lott , Assistant Utah Attorneys General, Salt Lake City, UT, and John J. Bursch , Warner Norcross & Judd LLP, Grand Rapids, MI, and Monte N. Stewart , Boise, ID, with him on the briefs), for Defendants-Appellants.

Peggy A. Tomsic , Magleby & Greenwood PC, Salt Lake City, UT ( James E. Magleby and Jennifer Fraser Parrish , Magleby & Greenwood PC, Salt Lake City, UT, and Kathryn D. Kendell , Shannon P. Minter , David C. Codell , National Center for Lesbian Rights, San Francisco, CA, with her on the brief), for Plaintiffs-Appellees.*

Before KELLY, LUCERO, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equal protection to every person in every State of...

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