The lawyer who successfully argued against the Defense of Marriage Act before the U.S. Supreme Court filed paperwork on Friday to take part in the federal litigation seeking marriage equality in Utah.
Roberta Kaplan, a private attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP, asked the U.S. Tenth Circuit Court of Appeals, where the litigation is pending, to allow her to join the case as a representative of three same-sex couples either seeking recognition of their marriages or the ability to marry in Utah.
In the 14-page filing, Kaplan writes that she should be able to join as an intervenor in Kitchen v. Herbert because of the nature of the litigation as an “extraordinary case.”
“[I]n a case of this significance and importance, which has the potential to shape the trajectory of the quest of gay people for full civil equality, having greater participation by affected parties and greater airing of the issues can only benefit this Court by providing the widest range of arguments and perspectives available,” Kaplan writes in the filing.
The couples that Kaplan represents are Douglas Wortham and Nicholas Nero, an unmarried gay couple who have been in a relationship for thirty years; Lynn Beltran and Claudia O’Grady, a lesbian couple who have been together fourteen years and who married on Dec. 23 in Salt Lake County; and Stanford Rovig and Charles Fluke, a gay couple who have been together for about eight years and married on Dec. 31 in Salt Lake County.
Joining the lawsuit would mean having the ability to file intervenor briefs and participate in oral arguments, which are scheduled for April 10. If the court denies her the opportunity to take part as an intervenor, the brief indicates Kaplan will participate in the case as a friend of the court.
Kaplan, who herself is in a same-sex marriage, gained notoriety last year when she successfully argued on behalf of lesbian widow Edith Windsor the case of United States v. Windsor, which led to the U.S. Supreme Court striking down Section 3 of DOMA.