TEP, AND KJC v. Leavitt

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

ALDON J. ANDERSON, Senior District Judge.

Defendants have moved this court for an order of summary judgment declaring Utah Code Ann. § 30-1-2(1) (1993 Supp.) void and invalid and enjoining further enforcement of the statute. Plaintiffs, representing two classes certified by the court by separate order, do not oppose the motion.

Having considered the motion, with accompanying memorandum of law, the court is persuaded that Utah Code Ann. § 30-1-2(1), which prohibits and declares void marriage by persons with acquired immune deficiency syndrome…