SALT LAKE CITY — The Utah Attorney General’s Office wants the Utah Supreme Court to decide whether same-sex couples who married in the state should receive the legal benefits associated with marriage.
Plaintiffs in a federal lawsuit seeking recognition of their marriages have continued to pursue petitions in state court to adopt children, arguing that their marriage licenses allow them to move forward.
But attorneys for the state want U.S. District Judge Dale Kimball to ask the Utah Supreme Court to determine if same-sex couples who married between Dec. 20, 2013, and Jan. 6, 2014, have vested property rights that require recognition under current state law.
“To ensure consistency and in the interests of judicial efficiency, a certification of the question involving the rights vested in state law is now warranted,” the state contends.
Some state court judges have granted adoption petitions to same-sex couples, while others have not. Two judges also issued orders that would require the state health department to provide updated birth certificates for the children.
The attorney general’s office earlier petitioned…
