In a brief one-page order, Elisabeth Shumaker, clerk of the court, indicates the motion to intervene was denied for Roberta Kaplan, a New York attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP.
On behalf of three same-sex couples seeking marriage rights in Utah, Kaplan filed a request last week seeking status as an intervenor in the lawsuit. The case is known as Kitchen v. Herbert and is pending before the Tenth Circuit.
Joining the lawsuit would have meant having the ability to file intervenor briefs and participate in oral arguments, which are scheduled for April 10. Kaplan indicated in her filing that she’d participate in the case as a friend of the court if she were denied intervenor status.
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.