Utah in gay marriage filing: Kids need mom and dad

SALT LAKE CITY (AP) — Utah state attorneys filed their opening argument to the federal appeals court reviewing the state's same-sex marriage ban, saying the optimal environment for raising children is with a mother and father.

The voluminous brief, filed late Monday ahead of a midnight deadline, is the first step in a process that will lead to an April 10 hearing before the Denver-based 10th U.S. Circuit Court of Appeals.

The court will then decide if it agrees with a federal judge in Utah who in mid-December overturned the 2004-voter passed ban saying it violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment. The appeals court also is reviewing a similar decision about Oklahoma's ban, and a hearing on that case has been set for April 17.

Attorneys for three gay and lesbian couples who sued Utah have until Feb. 25 to respond.

The state contends redefining marriage poses "real, concrete risks to children" because not having a mother or father leads to emotional damage. The state said its duty is to look out for the long-term interests of children who can't defend themselves. The state also believes allowing same-sex marriages would lead to reduced birth rates, which would bring demographic and economic crisis.

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http://bigstory.ap.org/article/utah-files-opening-argument-gay-marriage-case