Michael Ferguson and Seth Anderson felt different on Dec. 20.
“Something in the air felt different. We walked down the streets of Salt Lake that night, arm in arm, and the ground felt different,” they said. “The energy of the city felt different and wonderful.”
That day, a day they describe as magical, was their wedding date. The two were the first couple to be wed in the 17-day window of legal same-sex marriages in Utah after the overturn of Amendment 3. And the window remained open until the United States Supreme Court granted the state’s request for a stay on Jan. 6, disallowing further same-sex marriages in Utah upon further review.
Now the fate of Ferguson and Anderson, both post-graduate students at the U, could feel different once again. Whether their marriage is recognized by the state of Utah lies in the decision of three men — Carlos Lucero, Paul Kelly Jr. and Jerome Holmes — judges on the 10th Circuit Court of Appeals in Denver.
And that decision has no deadline.
The court case, Kitchen vs. Herbert, occurred on April 10. Gene Schaerr, prosecutor for the state of Utah and representing Utah Attorney General Sean Reyes and Utah Governor Gary Herbert, spoke for 30 minutes in defense of the “traditional vision of marriage,” which was defined as between one man and one woman.
Schaerr said it should fall within state jurisdiction to define marriage for its citizens, free from federal influence.
“The issue before the court is obviously not how the emotional and difficult issue of same-sex marriage should be decided,” he said. “The issue is really one of authority.”
He argued same-sex marriage threatens to “dilute that norm in the law” that having both a mother and a father is important in child development, with “significant risk” otherwise.
Peggy Tomsic, representing the plaintiffs and proponents of same-sex marriage, said in her 30-minute presentation that all couples have a fundamental right to wed under federal laws and denial of marriage on the grounds of sexual orientation is discrimination.
“It is every day of these Utah citizens’ lives that they must face the stigma, the harm of being treated as second class citizens,” Tomsic said in court.
She cited Amendment 14 of the U.S. Constitution to suggest same-sex couples are treated “unequally” under current laws.
While Tomsic threw out the words “animus” and “equal protection,” Ferguson and Anderson followed the plaintiffs’ social media pages for updates.
While Schaerr was arguing about “fundamental rights” and “state interests,” the two listened to the proceeding via broadcast.
Although not plaintiffs themselves, both Ferguson and Anderson support Restore Our Humanity, a campaign raising funds in support of same-sex marriage and sponsoring the plaintiffs’ case. The couple currently donates proceeds from their business the Queen’s Tea, located in Salt Lake City.
The two said the state’s arguments in the 10th Circuit Court were “offensive” and “harmful.” They ultimately hope the case ends in “poetic justice” and equality for families nationwide.
“It’s been so awesome to see straight families coming together to support full equality for everyone under the law,” they said. “They have told us that fighting for other people’s families has helped them really reflect and reconnect to why their family is important to them, and has stirred a renewed sense of love and appreciation for what family relationships means.”
Ferguson and Anderson plan to celebrate their wedding on June 28 with a ceremony and reception. There will be rings, vows, friends and family.
The couple understands that while their marriage may rest in the hands of three men — the judges who are split on the decision — it began with only two men. And that, they said, is all they need to feel different.
“We take our commitment and our love very seriously and feel that this opportunity to marry in our state is a gift,” they said. “We want to help other people have the same blessings and joy we have felt.”
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