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Kitchen v. Herbert: MEUSA Goes Inside the Tenth Circuit

Last month in Denver, Jolene Mewing attended the Tenth Circuit's oral arguments for Kitchen v. Herbert, the Utah marriage equality case. Jolene gives us her first-person perspective on the hearing from her seat inside the courtroom. 

MEUSA's Jolene Mewing with Restore Our Humanity's Mark Lawrence on the steps of the Byron White Courthouse in Denver (10 April 2014).The week leading up to the 10th Circuit Court of Appeals’ hearing in the Kitchen v. Herbert case was full of excitement and anxiety. My wife and I attended a send-off rally for the plaintiffs to show the community is behind them and supports everything they have done for all of us.

Once I reached Denver, it was time to head to a rally on the steps of the Byron White United States Courthouse, where the 10th Circuit Court is located. The press was already there in full force garnering details and background information they could work into their stories. The weather was beautiful and perfect.

The rally was held the night prior to the case being heard beyond the doors to this illustrious building. The rally was put on by Why Marriage Matters Colorado. The energy level was high as a DJ cranked out music that was positive and charged. Guest speakers empowered the crowd, which started to grow in numbers.

Thursday morning (10 April 2014) I arrived at the courthouse early to ensure a place inside the actual courtroom. There was an overflow room, too; however, I had been handed number 42, which guaranteed a place inside the courtroom where history would be made.

The three judges presiding over the case, Carlos Lucero, Jerome Holmes, and Paul Kelly, loomed powerful over the courtroom. Their many years of experience was etched on each of their faces. I looked at them thinking the fate of marriage equality in Utah rests in their hands. I was nervous. The plaintiffs were sitting on a bench behind their attorneys; I could only wonder what they were feeling inside.

Peggy Tomsic commanded the room for the plaintiffs while Gene Schaerr represented the State of Utah. Both were to speak for 30 minutes each but were allotted more time due to interruptions by the judges throughout their statements.

Besides the extreme injustice of the case itself, what makes this case even more intolerable is the fact our family’s state income tax dollars are being used to pay for this case—our very own money is being used to fight against our right for marriage equality. That sickens me inside.

Once started, the courtroom was quiet except for those asking and answering the questions. Many times the judges spoke over the attorneys, cutting them off in mid-sentence. A few times, there was a little laughter, soon followed by the stark seriousness of the morning’s circumstance.

I sat in silence as I watched history happening in front of me. I was here to support the plaintiffs and to be part of something bigger than I could ever imagine. When I left the courtroom, my emotions were all over the place. The murmurs started as people were speculating which way the court would lean. In my heart, I know the judges will make the right decision. I also know that whatever way the 10th Circuit Court rules, there will be an appeal, which means more of our taxpayer dollars will be used to fight against the marriage of me to my wife.

I always felt I’d see marriage equality in my lifetime—I just didn’t think it would happen this quickly or that Utah would play such a pivotal role in marriage equality for all the states. After attending the hearing in Denver, I know marriage equality is closer than it’s ever been. I also know we are on the right side of history as we watch it unfold before us.

By Jolene Mewing, Local Organizer, Utah Regional Operating Committee, Marriage Equality USA. 

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