The nation’s largest LGBT organization is formally calling on the Obama administration to recognize as valid the estimated 1,300 same-sex marriages performed in Utah.
In a letter dated Jan. 9 and obtained by the Washington Blade, Chad Griffin, president of the Human Rights Campaign, writes to U.S. Attorney General Eric Holder “there is no legal reason to question” the validity of same-sex marriages performed in the state before the Supreme Court issued a stay on the weddings.
“Given this landscape of facts, there is simply no reason for the United States government not to extend federal recognition to these more than 1,300 couples,” Griffin writes.
Griffin ticks off several reasons why the marriages should be considered valid — despite a recent decision from Utah Gov. Gary Herbert to hold off on recognizing Utah same-sex marriages until the litigation that enabled them is complete.
“Each was legally performed by a clerk representing the State of Utah, in accordance with the state’s statutes and constitution,” Griffin writes. “Even the office of the governor of Utah—whose formal political position is one of opposition to marriage equality—urged state agencies to extend state marriage recognition to these couples during that 20 day period when same-sex marriages were being performed. Even though the governor’s office has now made a political decision to cut off this recognition, it continues to insist that it makes no pronouncement about the validity of these unions.”
A Justice Department spokesperson confirmed receipt of the letter, but declined further comment. Earlier this week, Dena Iverson, a Justice Department spokesperson, said the department is reviewing the Utah governor’s as part of its determination on whether the federal government will recognize the unions.
Same-sex couples began marrying in Utah on Dec. 20 as a result of ruling from U.S. District Judge Robert Shelby striking down the state’s ban on same-sex marriage, known as Amendment 3, as unconstitutional. However, the Supreme Court placed a stay on these marriages on Monday, resulting in Utah saying it would place on hold recognition of these unions until the litigation is resolved in the courts.
But the letter to Holder isn’t the only missive HRC sent out on Thursday. The organization also sent out a letter to each of the attorneys general in the 18 states where same-sex marriage is recognized to urge them to recognize the Utah same-sex unions.
“Should any of these couples be residents of, travel through, or relocate to your state, there is simply no reason to treat their marriage differently from any other, and I urge you to issue an advisory opinion declaring that treating all legally-conferred marriages consistently as a matter of equal protection and basic justice is consistent with the public policy of your state,” Griffin writes.
Notably, D.C. isn’t included in the letter, even though same-sex marriage was legalized there in 2009.
According to Utah TV affiliate Fox 13, Utah Attorney General Sean Reyes suggested that others states may be able to recognize same-sex marriages performed in Utah, even though Utah won’t recognize them.
“It’s not invalidating it in the same way that if they went to Hawaii, they could potentially apply for benefits there based on the marriage that took place. They can’t be recognized (here),” Reyes reportedly said. “There is a very fine distinction, but a very important distinction based on those two things.”