Attorneys in Utah same sex marriage battle seeking to be Supreme Court ready

- SALT LAKE CITY (ABC 4 Utah) – Attorneys involved with Utah's fight over same sex marriage are preparing for a major legal battle. As the possibility grows for the case to end up in the U.S. Supreme Court, attorneys are seeking get their teams "Supreme Court ready."

Attorneys fighting over Utah's ban on same sex marriage, have a lot of work to do.

"We have a battle with the 10th Circuit," said Derek Kitchen, suing the State.

Derek Kitchen and Moody Sbeity, the couple behind the original lawsuit against Utah said even if their case goes all the way to the U.S. Supreme Court, they're sticking with attorney Peggy Tomsic and her team.

"I do believe that in the end we will win, this will be a waste of money, this will be a waste of effort on the State's part," said Moody Sbeity, suing the State.

Right now the Utah Attorney General's office is seeking outside counsel to strengthen its fight to defend the State. So far an estimate of fewer than one dozen attorneys or law firms within Utah and nationwide have responded to the call.

"We're willing to spend what it takes to protect laws and will of the people," said Sean Reyes, Utah Attorney General.

Alan Bachman is charge of finding that counsel. He said the Attorney General's Office will continue to represent the State, but it wants to add someone with experience at the highest level.

"When you have a case of this magnitude you also want to make sure you have somebody who is an expert for the 10th Circuit Court of Appeals and at the United States Supreme Court actually arguing cases like this, a number of cases like this," said Alan Bachman, Assistant Attorney General.

Regardless which side prevails in the same sex marriage battle, Kitchen & Sbeity realize what attorneys are doing now will have significant impact on Utah's future.

"This matters to a lot of people in a significant portion of our population here in this state," said Sbeity.

The deadline for outside attorneys to apply to join the state's legal team is Tuesday at 5:00 p.m.
ABC 4 Utah is told at that time the state is also expected to reveal specifically who has applied to be its special counsel.

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