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Utah judge could be first to rule on state marriage law since DOMA

Published: Wednesday, Dec. 4 2013 6:10 p.m. MST

Utahns approved Amendment 3 with 66 percent of the vote. "It's impossible to consider that 66 percent of the population of Utah is bigoted against homosexuals. It's simply not the fact," Lott said.

Purser argued that Utah has a legitimate interest to define marriage as it does because it promotes responsible procreation and is the "gold standard" for rearing children.

Lott said afterward that the "preferred" way and the best environment to bring up children is with a biological mother and father.

"It's the situation that's existed for millenia. It's the traditional way that families are organized," he said.

In court, Shelby at one point asked Lott the difference between the rights of a same-sex or heterosexual couple to get married.

"Procreation is the difference," Lott said. "A same-sex couple is not going to reproduce."

Tomsic took issue with that stance.

"Procreation has never, ever, ever been a condition for a marriage license," she told the judge. Same-sex couples, she said, can and do have children in several ways.

After the hearing, Sbeity and Kitchen said they didn't think the state's arguments about procreation have any relevance to their case.

"Our case is that we want to get married," Sbeity said. "We did not touch on procreation or children at all."

Added Kitchen, "We're not fighting about children. It's about getting married."

Email: romboy@deseretnews.com

Twitter: dennisromboy; DNewsPolitics

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