PRESS RELEASE: Kitchen v.

Herbert
RESPONSE TO THE STATE OF UTAHS PRONOUNCEMENT IT WILL NO LONGER RECOGNIZE THE LEGAL MARRIAGE OF SAME-SEX COUPLES IN UTAH

January 8, 2014 Today, Governor Herberts office issued a press release announcing that the Governors Chief of Staff Derek Miller sent an email to Cabinet Members last night, based on counsel from the Attorney Generals office, regarding the status of the more than 1300 marriages of same-sex couples that were performed in Utah before the Supreme Court temporarily stayed the federal district court decision in Kitchen v. Herbert, which held that Utahs exclusion of gay and lesbian individuals from the right to marry violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution. The Attorney General has taken the position that those marriages will not be legally recognized by the State of Utah until there is a final decision in this case, meaning that State agencies will no longer offer services to legally married same-sex couples, second parent adoptions will not be allowed to proceed, and married same-sex couples will not be allowed to file joint state tax returns. Peggy A. Tomsic, one of the lawyers at Magleby & Greenwood, P.C., representing the Plaintiffs in Kitchen v. Herbert, said, This unprecedented and disappointing action harms not only my clients, but hundreds of other same-sex couples who also were legally married, and whose families have been needlessly destabilized and stripped of basic legal protection . Tomsic added: By taking this unwarranted action, the State of Utah has discounted the lives of thousands of Utah citizens who live, work, and raise their families in Utah and pay Utah and federal taxes like all other Utah citizens. Regardless of how the State believes the Tenth Circuit will ultimately rule, these couples are legally married, and the State should treat them accordingly. The MAGLEBY & GREENWOOD, P.C. firm does not represent same-sex couples who legally married after Judge Shelbys ruling, other than its clients. We encourage married couples to consult an attorney to obtain legal advice regarding their individual circumstances and how best to protect their interests and families during the pendency of the appeal. The statement by Plaintiffs lawyers is not intended to provide legal

advice and should not be relied upon for that purpose. For further information please contact: Peggy A. Tomsic James E. Magleby MAGLEBY & GREENWOOD, P.C. 801.359.9000 tomsic@mgpclaw.com magleby@mgpclaw.com