Women and Justice: Court: United States District Court for the District of Utah

Domestic Case Law

Roe v. Patton United States District Court for the District of Utah (2015)


Gender discrimination

Plaintiffs Kami and Angie Roe sued the Executive Director of the Utah Department of Health in his official capacity and sought a preliminary injunction seeking a court order to enjoin the defendants from applying sections of the Utah Uniform Parentage Act differently to male and female spouses of women who become pregnant via sperm donation. The provisions of the Utah statute provide that a married man can become the legal parent to a child conceived by his wife through sperm donation by filing mutual consent in writing, but defendants have declined to apply this same rule to a married woman in respect to her wife. Instead, they have required that she undergo a step-parent adoption process. The court balanced the failure of defendants to provide a rational basis for the unequal treatment with the fact that the plaintiffs and similarly situated wives would suffer irreparable harm if the injunction to compel the defendants to equally apply the statute was not granted. As such, the court granted the preliminary injunction.