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MARK: People deserve
to know the whole story.

I came back from the dead.

I felt like
I owed humanity something.

I wanted to bring
gay marriage to Utah.

It was the norm.

Gay marriage was never
gonna come to Utah.

General attitude was
that the Mormon Church

was never gonna allow this
in Utah.

Well, let's not go to
the Mormon Church with this.

We have the federal laws,
and we have the Constitution.

They were afraid to stand up
to the big giant.

♪ Gave proof through the night ♪

♪ That our flag
was still there ♪

♪ O say, does that
star-spangled ♪

♪ Banner yet wave ♪

♪ O'er the land of the free ♪

♪ And the home ♪

♪ Of the brave ♪

[cheers and applause]

We thank you for being here
this evening,

and thank you for taking
a stand for marriage,

standing with Amendment 3.

[cheering]

Each of us knows that this is
a difficult and sensitive issue,

but we can show the world
that Utah can be for marriage

without being against anyone.

[cheers and applause]

Okay, I'm sorry.
I'm just too excited

to let
this opportunity pass.

I just wanna tell the room
that Brian Brown,

the president of
the national organization

has just entered the room.

[cheering]

He has done more for marriage
in the United States

than anyone else.

[cheering]

To the few pessimists out there

that think that
this is a losing cause,

the immortal Don Quixote
showed us the results.

♪♪

♪ To dream
the impossible dream ♪

♪ Fight the unbeatable foe ♪

I think we should go down
and see if we can catch him.

Mr. Brown.

- Hi, how are you?
- Hi, good.

I just wanted to introduce
myself and welcome you to Utah.

I'm Mark Lawrence.

I'm the director
of Restore Our Humanity.

I brought the lawsuit
that brought down Amendment 3.

We're saying marriage is not
only about a man and a woman.

Marriage can be expanded
to include everybody.

Every loving couple
who is together.

Why not four, five,
or six then?

- That's not my argument.
- But why not?

I don't care. It has nothing
to do with my life.

- Well, I do care.
- Why?

The binary structure of marriage

is in the best interest
of children in society.

It's important that
children are connected

with their mothers
and fathers.

But children don't have
anything to do with this.

This has nothing
to do with children.

Gay people have kids
'cause they want kids,

not because they're married.

If marriage has a meaning,

then you take that meaning
and you basically say

it applies to everything.

By expanding it
in the way you're claiming,

you no longer have any central
meaning for it anymore.

No, no, no, no.

Again, we can agree
to disagree.

- Thank you for approaching me.
- Thank you very much.

I've been looking forward
to meeting you for a long time.

Good luck.
Thank you, sir, appreciate it.

That is a lifelong ambition,
and I finally met him.

I'm ready to die now.
[chuckles]

♪ Still strove
with his last ounce of courage ♪

♪ To reach ♪

♪ The unreachable ♪

♪ Star ♪

[applause]

MARK: My parents pretty much
live at the poverty level.

And I just made a decision
one day

that I should probably just
move in with them for a while,

but that was before my dad was
diagnosed with Alzheimer's.

So it just got to a point
where I couldn't leave,

and I'm still here.

Well, I'm very proud of the work
that you've been doing,

and I don't know
how you stay on top of it

and help with your dad.

MARK: I wouldn't have
anything else to do.

- Oh, sure.
- I know you are,

but I have a place
to go and vent,

so that's when I come home
and hide down in the basement,

and I'm okay.

- Your dad supports you too.
- I know.

It was a big shock to both of us
in the beginning

when you came out
of the closet.

But I do not understand
how parents

can kick a child
out of their home

when they find out
that they're homosexual or...

- It's just unbelievable.
- It happens every day.

♪♪ [mellow guitar]

MARK: I grew up
in farm community in Utah.

All my friends
I was associated with

were all, of course,
with the Mormon Church.

You could make one statement
or have one thought,

and a friend would say,
"Hey, you can't think like that.

Don't do that.
You'll go to hell.

You're gonna make God
mad at you."

Crazy stuff.

My best friend...

The guys would go to his house
to look at his dad's Playboy.

Well, I wasn't interested in it,

so my job was
to stand out front

and watch for his mom
to come home

and ring the doorbell.
[chuckles]

I wasn't interested.

That's when I knew.

I moved to San Francisco
in the early '80s

when AIDS was at its peak.

The response I was getting
from people here,

"Why are you going there?
You'll get AIDS."

I never had any real
relationships there.

I was willing to be risky
about going out,

going to bars and trying
to pick up tricks

and meet strangers
and that kinda stuff.

That was okay.
That kinda risky behavior's fine

'cause that's part of being gay.

It was a lot easier to
try to pick up a trick

and not have to become
emotionally involved

or connected to anybody.

It was also
part of fighting AIDS.

Screw AIDS.
I'm gonna go out and have sex

whether you like it or not.

It was part of the militant
thing that we all went through.

For some stupid reason,
I thought I had to get tested,

see what my HIV status is,
and I did.

And I was positive,
and I did not expect that.

I did not know that.

Watched people die
in San Francisco.

I watched ACT UP.
I watched.

I just stood off
at the sidelines though.

I didn't do anything.
I just watched.

I would look at that and go,
"Why can't I do that?

Why am I not out there
marching with them?"

Those people have got
a lot of guts,

and they have a lot of courage,
and maybe I was afraid.

But it would've given me
a hell of a lot more meaning

if I had known
I could be down there

marching with those people
and sticking with them,

instead of reading about it
in the paper.

Utah's political landscape
is somewhat unique

in that one denomination
dominates the culture.

Based on what you have
seen and experienced,

is Utah a democracy
or a theocracy?

STEVE: Clearly a democracy.

We're nowhere close
to being a theocracy.

But I do have issues
with how the Mormon Church

lobbies the legislature.

All of Republican leadership,

almost all our members
of the Mormon Church

they are able to
whisper into the ears

of a few members of
Republican leadership.

Then bills magically go through
without objection,

or they magically die,

and there's not
a lot of talk about it.

Really, to appreciate
the significance

of overturning a same-sex
marriage ban in Utah,

you have to understand
that Mormon history,

doctrine, and culture
permeate every aspect

of public policy
and public opinion.

One way we can see that is in
the twice-yearly conferences

that the Church holds
in Salt Lake City.

Those draw tens of thousands
of Latter-day Saints

who come to hear words of wisdom

and direction from
their church leaders.

We believe the organization
and government of heaven

will be built around families
and extended families.

It is because of our beliefs

that marriage and families
are eternal,

that we, as a Church,
want to be leaders

and participate in worldwide
movements that strengthen them.

We want to help these people
to strengthen them,

to assist them
with their problems

and to help them
with their difficulties.

But we cannot stand idle

if they indulge
in immoral activity,

if they try to uphold
and defend and live

in a so-called same-sex
marriage situation.

We also need politicians,
policymakers, and officials

to increase their attention
to what is best for children,

in contrast to the selfish
interest of voters

and vocal advocates
of adult interests.

DAVID: Mormonism is very
different from Protestantism,

and part of that has to do
with the role of leaders.

What makes the difference is
the way the leaders, or oracles,

leaders of the voice of God
or the divine...

It's tough to understand
the Church's motivations,

unless you've been Mormon
or maybe Scientologist,

one of these all-consuming,
all-in religions.

There is no part of the country
where 70%

or 67% of the population
belongs to a single faith,

so the Church is
a big employer.

It also owns property.

It may be the largest single
landowner in the area.

Everybody here talks about
religion all the time.

That means they talk
about the Church,

and there's no doubt
about which Church it is.

Nothing's about to happen
at the Capital

that the Church
doesn't 100% endorse.

It absolutely will get its way
on LGBT issues,

on marriage issues.

CROWD: Equal rights!

REPORTER: From a PR perspective,
it's been a tough couple years

for the Church of Jesus Christ
of Latter-day Saints.

Recently, there have been
angry protests

outside Mormon temples

over the Church's
support of Proposition 8.

Yours a Church
that has experienced

extraordinary persecution
and discrimination.

Children killed,
homes burned, women raped,

entire populations pushed
across the Great Plains.

Why would you want to tell
another group of people

what they can't do by law?

We were for marriage
between a man and a woman.

But gays and lesbians
are saying,

"We, too,
are a persecuted group.

We, too, deserve our rights
under the law."

But what I'm saying,

this isn't because
it's directed at another group.

It's for the protection

of a 5,000-year history
of marriage

being between a man and a woman.

One of the doctrines,
which is unique in Mormonism,

is that marriage
is for eternity.

That is one
of the most satisfying

and, we think,
beautiful doctrines.

Before you even had a sense
of your identity

or your attraction,

you were taught--
find a mate and have a family.

That is what God wants.

If I'm gay,
and I'm not gonna get married,

then I'm a threat
to the eternal family,

not only for me,
but my parents think

I'm not gonna be part
of their eternal family.

NARRATOR: Inside sacred
buildings called "temples,"

couples can be married not
just until death do you part,

but for eternity,

so families
can be together forever,

even after death.

Who made this possible?
God did.

Why? God isn't
just our creator.

He's our father.
We are his children, his family.

That's the big picture,
and we're all part of it.

It was around 2010 that I was
diagnosed with cancer,

with lung cancer.

I went into chemotherapy

and just took a couple years
off of my life,

and I came out of it different.

Felt like I've got
this second chance now.

Let's do something.

I have a pile of regrets
like this,

and some of the things
I wish I had done, I didn't.

So the lawsuit actually started

from a discussion group
on Facebook.

I said, "I am putting together
a federal lawsuit

to overturn Utah's ban
on gay marriage."

Then we started meeting
in coffee shops

and started talking about it.

I contacted Mark
on the comment board and said,

"I'm interested. When, where?"

We thought it was crazy,

and there was no way in hell
it would happen,

except we were going to try.

None of us had PR experience.

None of us had experience
in legislation,

in fundraising, certainly.

We just had will.

And I started contacting
community leaders saying,

"Let's do this."

They couldn't get
onboard with it,

and that really,
really pissed me off.

I went to the ACLU
and they said,

"You can't possibly be serious."

It was almost like
he was going door-to-door

trying to find someone.

I think I sent out a whole
bunch of emails one day,

and Magleby & Greenwood,
Jim Magleby responded.

[tape recorder clicking]

"Friday, February 8th, 2013,
3:55 p.m., from Mark Lawrence.

I represent an organization
that is working

to challenge Utah's
Amendment 3 in federal court.

We are now seeking a legal team.

Is this something that you
would be interested in?"

And we responded, "Mr. Lawrence,
I would be very interested

in our firm
representing your group,

but cannot work pro bono.

If you'd like to meet with me
and my partner Peggy Thompson,

please let us know."

That was the beginning.

I really had respect for him

for being someone who is not
involved in any organization

nationally or locally,
that had any power,

and had just decided on his own
he was gonna do this.

I thought, "You know what?
That takes a lotta chutzpah."

And he said,
"I'm looking for lawyers

who can handle a really nasty
fight with the state of Utah."

Then Jim, because
he owns the firm,

and it's an economic decision,

asked the right question:
"Who's gonna pay for this?"

You'd never guess it
by looking at him,

but he is an eternal optimist,

and he said, "We'll get
the gay community in Utah.

We'll even get donations
nationwide

because we're going to do this."

"Oh, don't worry.
I can raise--"

We estimated it'd be around
a million dollars to do this.

He said, "Oh, I can raise this.
There is no issue."

I'm thinking in my mind,
"This guy has no connections

with anybody on Earth.

There is no way this guy's
gonna raise any money."

And I think, "Do I care?"

I think no, I don't care because
it's the right thing to do.

So I go, "Yeah, I'm sure
that that can happen."

So we decided to take it on.

♪ Happy birthday to you ♪

♪ Happy birthday,
dear Marcelino ♪

♪ Happy birthday to you ♪

♪ And many more ♪

Here's your seat.

So you're 13!

Yay!

PEGGY: I didn't really come out
to my parents.

Someone outted me to my mother,
and she called me.

Told me I was not allowed
to bring any girlfriends home.

And I said,
"Well, I'm sorry to hear that

because you aren't
gonna be seeing me."

It was really a very dangerous
time for lesbians and gay men.

You got beat up.

You got your car windows
broken out.

Joe Redburn,
who owned The Sun,

hired security to walk people
from the bar to your car,

but still, people would go by
and grab people off the street.

I met her at a dinner
at her house.

We were out on the patio, and
a baby bird flew out of the tree

and landed on my shoulder

and starting eating food
off my plate,

and she came over,

and we played with
this baby bird and fed it

and just started
talking to each other.

In all candor, I was an asshole
at that point in my life.

I was making a lot of money.

I had no obligations,

and I drove
a 911 Porsche Cabriolet.

I thought I was
the coolest thing walking,

but I was dispelled of it
very quickly after I met Cindy.

I had to work on a project
over the weekend,

and I had asked the senior
lawyer's secretary to come in.

She is Marcelino's grandmother.

I had never met him.

He just turned
three years old.

And I got out
these little books,

and I read them to him,
and he was just laughing.

About two weeks later,
he came in with his mother,

kind of beat up,

and he saw me in the hall,
and he grabbed me and said,

"Please take me home with you."

One day in the middle
of the day,

I got a call from
Marcelino's great grandmother.

She said, "Peggy, I am too old
to be raising this child.

Can you he come
live with you?"

We said of course.

Like with all my cases,

I believe in my clients,
and I want to win.

But in this particular case,

it's very personal to me

because if I could
accomplish this,

I could ask Cindy to marry me,

and I'd be able
to adopt Marcelino.

Only Cindy had been
able to adopt him.

I've been his mom since he
first asked me to take him home.

If something happens to Cindy,

I would have no rights.
None.

So I personally believe in this
to the bottom of my heart.

GOD: Joseph?

Joseph.

This is my beloved son.

Hear him.

Joseph, thy sins
are forgiven thee.

Behold.

I am the Lord of Glory.

At a future time,
the complete truth of the Gospel

will be revealed to you.

After this vision, Joseph Smith
founds the Mormon Church

in an upstate New York
farming community in 1830.

And by all accounts,
he is charismatic,

and he quickly develops a small,
but loyal following.

What he sees is that his Church

and the Church he believes
that Jesus Christ founded

is one and the same,
and it had been lost.

But not only that,
he even saw Jesus' project

in some ways
was not really fulfilled.

And what he was doing was
bringing back together

all of the things
that had been lost.

And that included polygamy
as a restoration

of an ancient practice
that had been lost

and that was a key feature of
what the heavens looked like.

This becomes a very secret
practice by Smith

and some high-ranking men
in the Church.

Whispers about plural marriage

and, in some cases,
underage brides

begins to leak out
into the society.

And this becomes
a boiling point for Smith.

TAYLOR: As the rumors
started to spread,

he was framed as sex-crazed,

rather than been seen in the
light he wanted to see himself,

as a prophet restoring
a divine institution.

JENNIFER:
So as the Church grows,

so does the discomfort
that outsiders are having

with Mormon teachings.

TAYLOR:
There were conflicts between

these different communities.

And Governor Boggs of Missouri

declared an extermination order
on Mormons.

They appealed to
the federal government for help,

who was not willing
to rescue them.

Joseph Smith was
taken to a jail.

A mob assembled outside.

They overpowered those
who were inside

and killed Joseph
and his brother.

This forces them to move west,
hoping they can find a place

where they will be outside
the reach of government.

They end up
in the Utah territory,

which is just outside the
boundaries of the United States.

Zion, they would call it,

where they can have the Church
be the center of their life.

It's a theocracy,
not a democracy.

TAYLOR: They were defenders
of religious freedom,

and they lost this battle
against the federal government.

They took it all the way
to the Supreme Court,

and the Supreme Court said,

"You do not have
the religious freedom

to practice your religion
as you believe it."

The federal government
is not gonna allow Utah

to join the Union if they
insist on keeping religion

at the center of public life
and practicing polygamy.

Mormons decided
they could no longer sustain

their practices of polygamy

without endless conflict
with the federal government.

ROBERT: It finally came time

to make this decision
about statehood.

Polygamy, as deeply ingrained
as it was in Mormon culture,

was worth sacrificing
to gain statehood.

TAYLOR: That moment
had a powerful impact

for future generations
of Mormons

who believed that they
could at anytime

be persecuted to such a degree

that they would have to flee
and fear for their lives.

STEVE: There is
a huge persecution complex.

You could say
it comes from the government,

forcing the Church to change
practices on polygamy.

But I think it comes down
to a doctrine of good and evil.

The more the Church is being
persecuted and criticized,

the truer it is.

DEREK: You've tried all of
our products before, right?

MAN: Yeah.

DEREK: I thought so.

And our last one
is a garlic spread.

A tablespoon
is about five cloves.

We use this the same way
a condiment is used

on a burger or a sandwich.

- Having fun?
- Yeah.

MARK: I was in a meeting.

That's where I met
Derek and Moudi.

I said, "I am putting together
a federal lawsuit

to overturn Utah's ban
on gay marriage.

We need some plaintiffs."

At first, they didn't
take me seriously.

Moudi's response was, "No.

I don't think we can do
do something like that."

It was this man who
was really determined,

and it was almost
off-putting to me at first.

MARK: I said, "Why don't you
think about it?

Just give it some thought."

Pfft! Utah? Yeah, right.
Good luck with that.

MARK: So I started
following up with them.

I would talk to them
a little bit more.

DEREK: Even though I wanted
to be married,

I didn't take him seriously

or the idea of bringing marriage
equality seriously to Utah.

About three months after
we met him the first time,

he gave me a call,
and he said,

"I have a couple of attorneys.

Would you and Moudi
like to meet?"

It legitimized the concept to me

in a way that he was
never capable of doing.

Because it is then that
I felt comfortable, actually.

I felt as if
I would have two people

that understand
what they're doing.

And we realized that
this would become...

a case centered on us
and our story.

It really relied on
our own desire to marry.

I have to this, but it wasn't
Mark that was involved.

It wasn't a story about Mark,

which is not a story I was
willing to buy into originally.

There was not this kink
in the chain, if you will.

MARK: They were perfect 'cause
they've been together for years.

They owned a business together,
and they had so much at stake.

I just liked 'em.
I thought they were great guys.

They were pretty.

Put 'em out there in the press.

They were both very, very smart,
very well-spoken.

We came to the conclusion that
it was the right thing to do,

and we were the right people
to do it.

If it's not gonna be us,
then who else would do it?

They came back, and we talked.
They both said, "You know what?

We'll take the consequences."

And then Derek said, "I want
my name to be the name."

I think I signed on
as the bride at that time.

LAURIE: We're just
English teacher geeks.

Sometimes
we're little old ladies.

KODY: My dear friend.

We were sitting
and talking about her day,

and she said, "Do you, really?"

"Would you consider joining in
the case and suing the state

to overturn Amendment 3?"

And I said, "I don't know.
I'll check on that."

Yes, we have to do this.
I think this is great.

I'm glad someone thought of it.

Let's be a part of it.

PEGGY: We wanted another couple,

and Kody and Laurie
came in and talked to us.

I just went, "Wow, this is it.
This is our group."

LAURIE: I think I always wanted
to make a difference,

but I used to joke
that I liked living in Utah

because I could be a radical
and not leave the sofa.

KODY: She walked me to work
that Monday and texted me

and said, "Do you wanna be
the bride or the groom?"

I said, "The bride, of course."

- [laughter]
- Ohh!

There was a major transition
that happens after World War II.

Mormons start to think
about same-sex sexual acts

as a psychological condition.

A new kind of person
is emerging.

Homosexuality is, in fact,
a mental illness,

which has reached
epidemiological proportions.

The minister quoted
is reported to have said,

"Two people of the same sex
can express love

and deepen that love
by sexual intercourse."

Those are ugly voices.

They are loud and raspy.

To the great Moses,
these perversions

were an abomination
and a defilement

worthy of death.

TAYLOR: The idea
that someone is gay

is an idea that Elder Kimball
strongly rejected.

He believed that homosexuals
who were telling this story

were perpetuating a satanic lie,

and he's trying to teach people

to train their minds
through a set of practices,

like singing hymns, exercising.

So his program of self-mastery

is the cure to same-sex desires.

[Kimball speaking]

That's like playing
in the rapids.

When you're in the whitewater,
things can happen fast.

♪ So he sent me on my journey
down the river ♪

♪ And he said he would
always climb on me ♪

♪ He taught me the joy ♪

There is a falsehood
that some are born

with an attraction
to their own kind,

and that they can do
nothing about it.

They are just that way.

And that is...

That is a malicious,
destructive lie.

Elder Boyd K. Packer,

one of the highest-ranking
leaders of the Church,

really takes on
the mantle of Kimball

in combating homosexuality.

BOYD: Now there are some men
who entice young men

to join them
in these immoral acts.

If you are ever approached

to participate
in anything like that,

that is the time
to vigorously resist.

TAYLOR: There's this interesting
moment when Elder Packer,

in his speech,

praises a missionary
for assaulting his companion

when his companion
made a sexual advance.

My response was, "Well, thanks.
Somebody had to do it."

[congregation laughing]

It wouldn't be well
for a general authority

to solve a problem in that way.

Now, I'm not recommending
that course to you,

my young friends,

but I'm not omitting it.

- You must--
- [congregation laughing]

You must protect yourselves.

We've witnessed a rapid
and increasing public acceptance

of cohabitation
without marriage

and same-sex marriage.

The corresponding media
advocacy, education

and even occupational
requirements

pose difficult challenges
for Latter-day Saints.

Within a year of when
Dallin Oaks became a member

of the Quorum of
the Twelve Apostles,

he wrote a lengthy memo
reflective of his own background

as a justice
in the Utah Supreme Court.

It became a playbook
for how the Church should

and, in fact, did proceed
to defend its position

against what he saw
as a possibility, eventually,

of same-sex marriage
coming to the forefront

of the gay rights movement.

TAYLOR: He says
there's a potential

for the normalization
of homosexuality

that becomes so severe
that the Church must speak up.

REPORTER: In 1990,
three same-sex couples

put Hawaii's tolerance
to the test

when they applied
for marriage licenses.

We grew up realizing that
marriage is the next progression

after you find somebody
and fall in love with them.

That's the next thing you do
is get married.

I wanted to marry Ninia
early on in our relationship.

It's unfortunate that
gay people can't do that.

They can't just
run away and elope.

GREG: The lawsuit in Hawaii

represented the Church's entry

formally
into the political arena

on the subject
of same-sex marriage.

A male and a female walk in,
and they're not married,

and they want a license,
you give it to 'em.

A male and a male
walk in and want a license,

you won't give it to 'em.

You are discriminating
against them.

GREG: And this is where
the shockwave began

that swept across
the Pacific Ocean

and flooded the mainland
from coast to coast.

TAYLOR: This sets off
alarm bells in Salt Lake City,

and the Church goes into
full-response mode.

It starts to
organize politically.

It starts to organize
its teachings.

There's a real push for thinking

about heterosexuality
and the family

and a new kind of mobilization

of anti-gay politics
during this time period.

In the context of all this,

it issues
a political document called

"The Family: A Proclamation
to the World."

This document appeals
to members of the Church,

but it also appeals
to judges and legislatures.

I now take the opportunity
of reading to you

this proclamation.

It became central to
Mormon identity really quickly.

Missionaries began
to hand out copies

of the proclamation
on the family,

saying this is what we believe.

Members of the Church
began to frame copies of it

and hang it on their wall.

It's really impossible
to overestimate

the importance of this document
in Mormon teaching.

We solemnly proclaim
that marriage

between a man and a woman
is ordained of God,

and the family is central
to the Creator's plan

for the eternal destiny
of these children.

TAYLOR: This document doesn't
mention homosexuality at all,

which is, in part, the genius.

GORDON: "We further declare
that God has commanded

that the sacred powers
of procreation

are to be employed
only between man and woman

lawfully wedded
as husband and wife.

We call upon
responsible citizens

and officers of government
everywhere

to promote those measures

designed to maintain
and strengthen the family

as the fundamental unit
of society."

TAYLOR: The conflict
between Mormons

and gay rights activists,

both within and outside
of the Church,

becomes the defining issue
of modern Mormonism.

JENNIFER: And so it's
in this climate

that we see the predominantly
Mormon Utah legislature

pass laws that ban
gay marriage,

refuse to recognize
same-sex unions

that are legal in other states,

and that then leads
us to Amendment 3.

Tonight same-sex marriage in
Utah is taking center stage.

Three couples
are challenging the ban,

saying it's unconstitutional.

PEGGY: Having the ability to
walk into a federal courtroom

in Salt Lake City, Utah,

with a real federal judge
sitting behind the bench

and being able to argue

why the Constitution
did not permit

a failure to recognize gays
and lesbians as equal citizens

was something
I never dreamed I'd see

in a courtroom in my life,

let alone me being
the one that got to do it.

JIM: Peggy is standing there,

and Judge Shelby asked her
a question to the effect of,

"If I rule on this,
will I be the first court

to address these issues?"

Peggy,
without missing a beat says,

"Yes, congratulations."

And the courtroom
erupts into laughter.

I sat there and watched Peggy
for an hour and a half

engaging with Judge Shelby.

He didn't take his eyes off her.

It was amazing.
That's when I realized

what kind of an attorney
she was.

She was an amazing woman.
It was brilliant.

I just-- Wow.
I was in awe.

Then we got to watch guys from
the Attorney General's office

make asses out of themselves
for 45 minutes.

JIM: They tried really hard
to make this argument

without bringing in God
and religion into it

'cause they knew
they couldn't.

In a United States court,
it's the culture of the state.

The states hired LDS people,

and they tried to make
a secular argument out of it,

but it's not possible
for them to do.

Judge Shelby-- and this,
I think, was kind of him--

said he would let us know
by January 7th.

That's why when
December 20th happened,

nobody expected it.

For you folks
who are just tuning in,

Amendment 3
of Utah's Constitution

has been declared
unconstitutional.

So right now marriage licenses

are being handed out
to same-sex couples.

Some marriages are actually
being performed in Salt Lake.

MARK: I was at work.

About 2:00, we get an email
from Peggy: "We won."

To file a case in March

and have a decision by
December 20th of the same year,

it's never happened
in my 31 years of practice.

DEREK: We received a phone call
that said,

"Did you hear the news?"

And they were like,
"No, what's the news?"

They said, "You won."

I got in my car.

I drove to Cind--
I texted her. I said,

"We won, we won, we won.
Will you marry me?

I'm on my way to your office
to pick you up to get married."

She goes, "We won what?"

I go, "We won our case.
We can get married."

And she goes,
"Of course I'll marry you."

So I drive to her office,
and I text, "I'm here, I'm here.

Come out, let's go."

She texted me back,
"I'm a doctor.

I'm with patients.
I cannot leave."

I go, "Have 'em come.
They can be our witnesses."

It is an enormous day for Utah.

Not only for same-sex couples,

but it brings equality
to the entire state.

Our case was very strong.

Our law firm,
our legal team was brilliant.

They were passionate,
and we told the truth.

Now pronounce you wife and wife.

I'm joined now by a couple who
just got married 15 seconds ago.

You have been together
several years now.

What does this mean for you?

It means that we're
legally married

in the eyes of the state.

It means everything to us.

Laurie and I looked
at each other, and we said,

"Let's do this,"
and so we did.

And it was...

[sniffling]

Um, it was unexpected.

Then once I looked
into her eyes,

and I said, "I do,"

and I got to be her wife,

then I really, really got it.

It was as sacred as anything.

And to have the entire
courtyard erupt in cheers,

it was just fantastic.

Of all the pictures
I've ever seen of me,

I love that picture 'cause
I've never seen me happier.

We kept asking ourselves
after the hearing

when are they going to file
the motion to stay the ruling?

We expect it's coming.
They've got some time.

We know the judge
isn't gonna rule right away,

but there's a chance
they might lose.

And when the decision came down,
there was no stay.

Now, at the time the Utah
Attorney General's office

was a train wreck.

They never bothered
filing a stay,

which is a normal procedure
in a court proceeding.

I guess they couldn't
even possibly imagine

they were gonna lose this case.

So I drive back to the office
and go in,

and Judge Shelby's office calls
and said,

"Judge Shelby wants you and
the state lawyer on the line."

"What's your question?"

He goes, "We don't
understand your decision."

"What do you mean, you don't
understand my decision?"

"There's nothing in there saying
you're staying your decision,

and we understand people
are getting married."

I said, "I understand that too,
Your Honor."

He said, "You didn't
file a motion

to ask me to stay my decision.

You tell me when you will
file your motion for a stay,

and I'll immediately
hold a hearing."

The lawyer for the state goes,

"I don't know
what we're gonna do."

And Judge Shelby goes,

"I guess there's nothing I can
do for you then. Good day."

JIM: What the state of Utah
was asking Judge Shelby to do

was rule on a motion
that they had never filed.

If there had been a national
right-wing organization

in the case that litigated
these things all the time,

I guarantee you they would've
filed a motion for a stay.

It seems to me they would've had
a pretty good argument.

But their argument
was a whole lot worse

once hundreds, maybe thousands,
of people had been married

because how do you
unring that bell?

They missed the movement
and took for granted

that their worldview
was the worldview

of everyone within
the confines of the state.

And because there's
so little separation

between Church and State
in Utah,

I'm sure that officials
in the Attorney General's office

not only believed
they were right,

but they just believed
everyone else

would think they were right.

PEGGY: So we got our license,
we went downstairs.

Mayor Becker was there,
and he said,

"Peggy, can I perform
the marriage ceremony?"

I said sure.

So Mayor Becker said
to Marcelino,

"How do you feel about this?"
after he performed the ceremony,

and he goes, "Wow. Wow.

Wow. My mom's been
finally married!"

[chuckles]
So...

The national media descends
on the state of Utah,

and what do they see...

but hundreds of loving couples
getting married.

All their life,
"No, you're not good enough.

You cannot have this.
You're second class.

There they were getting married.
It was like an assembly line.

And then I looked around,
and I realized all this time

we've been saying
this isn't about kids.

Friend of mine says,
"Do you know how many kids

are gonna wake up
in the morning,

and their parents are married,

and their families
are gonna be equal?"

Back in the corner,
there were these two women--

later found out they'd
been together for 18 years--

they were both standing there
holding their marriage license,

just reading it
line by line and crying.

And then you have
the angry villagers

with their pitchforks
and torches

down in Happy Valley screaming
and ranting and raving.

These were people who were
tied to the LDS Church.

These are Christians.
These are religious people.

All they are down there is hate.

Full of hate and anger
and rage,

trying to figure out
how they're gonna fight

people who are... in love.

These organizations claim
to be pro-family. They're not.

They're the worst
you can be for families.

They're only pro-their-families
as they define them.

REPORTER: Gayle Ruzika
of the Utah Eagle Forum

lobbied heavily in favor
of Amendment 3,

and says she and others
will continue to fight

for traditional marriage.

Marriage is a state issue.
It is not a federal issue.

A federal judge does not
have the right to tell Utah

what we're going to do
with our marriage laws.

REPORTER: BYU law professor
Lynn Wardle

has published extensively
for years

his arguments
against same-sex marriage.

What is the effect
of those marriages?

That's a very tough
legal question.

REPORTER: Governor Gary Herbert
issued this statement.

"The state is requesting
an emergency stay

on this ruling,
pending the appeal."

GARY: This is
a significant decision.

First in history.

We will defend the law
that's on the books,

which we do recognize
as the will of the people.

I was a supporter of
Amendment 3 as a individual.

I think that's the best way
to have family arrangements

and the best chance
for children,

husband and wife,
father and mother.

The Church of Jesus Christ
of Latter-day Saints

reacting to the ruling
in a statement.

The Church says, "We continue
to believe that voters in Utah

did the right thing
by providing clear direction

in the State Constitution

that marriage should be between
a man and a woman.

We're hopeful this view will be
validated by a higher court."

News specialist Sandra Yi's
live in Salt Lake City tonight

with our top story.

Sandra, how many counties
are refusing to issue licenses?

Well, Dave, we called every
clerk's office in the state,

and five do not have plans
to issue marriage licenses

to same-sex couples.

ANNOUNCER: News at Nine.

Thank you for joining us.

It was billed by organizers
as a call for an uprising

after a federal court
decision voided Utah law

against gay marriage.

ANNIE: The event
is in Utah County.

Fox 13's Todd Tanner
is live in Highland.

The event was organized by

the Constitutional Sheriffs
and Police Officers Association.

Organizers and speakers here
say that basically

Governor Herbert
has failed at his job,

and it will be up
to law enforcement

and everyday citizens
to deny gay marriage.

We need people to stand up
and speak out.

We need to get noisy.
We need some outrage.

The way you take back freedom
in America

is one county at a time.

The sheriffs need to defend
the county clerks in saying no,

we're not gonna issue marriage
licenses to homosexuals.

[chatter]

I wanna say this
to the homosexual community.

We mean you no harm.

First, we ask you
that you understand

the history of America

and that the intention
of the Founding Fathers

in developing a Constitution
that does one thing:

protect God-given,
innate rights.

And these people fought
and died for this.

Now we're going, "We'll write
whatever we say they are now."

You're never going
to convince us

that homosexual marriage

is one of those innate,
God-given rights.

It's not.

It's not one of those rights.

And we don't want any more of
your gay appreciation parades.

And we don't want
any more of this,

"We're gonna teach this
in the schools

without our permission
and without us being involved."

We have rights,

and we choose not to
teach that to our children,

and we don't want you
teaching it to 'em either!

[cheering]

♪ Jesus said of everyone ♪

♪ Treat them kindly too ♪

♪ When your heart is
filled with love ♪

♪ Others will love you ♪

[crowd cheering]

MAN: I would like
to introduce to you tonight

the amazing brain
behind all this,

the glue that stuck this
altogether for everybody,

Mark Lawrence.

[cheering]

Judge Shelby has a new title.

He is an activist judge.

[cheering]

I sat there and thought,
"What is an activist judge?"

Apparently an activist judge
is a judge who understands

the Constitution
of the United States.

[cheering]

REPORTER: Same-sex marriages
in Utah are now on hold.

Today the US Supreme Court
granted the state a stay,

which means gay couples in Utah

will no longer receive
marriage licenses.

But what about couples
that are already married?

In a press conference
responding to the ruling,

new Utah Attorney General
Sean Reyes says

he doesn't know if marriages
between Utah same-sex couples

will remain valid.

This is precisely
the uncertainty

we were hoping to avoid.

REPORTER: Legal documents
filed to the U.S. Supreme Court,

where Utah made its case
for a stay.

The state went on to discuss
the possibility

of same-sex marriages
being retroactively voided.

Right now is a rough time
for gay couples

who want to adopt a child
in the state of Utah.

Although some couples
may have completed

the adoption process,

the state wants to put
those adoptions on hold.

The City of Utah says
its constitutional authority

to define marriage
should stay intact.

That is according
to a legal brief filed

with the Tenth Circuit Court
of Appeals late last night.

Tonight political specialist
Richard Pye

says the waiting game begins

even as emotions simmer
over this issue.

REPORTER:
State attorneys insist

society can only have
one understanding of marriage

as a one-man,
one-woman institution,

the best for raising children.

"Redefining marriage,"
the brief reads,

"as a genderless,
adult-centric institution

would fundamentally change
Utah's child-centered meaning

and purpose of marriage."

"Instead," the state says,
"the laws at issue here

simply encourage
a familial structure

that has served society
for thousands of years."

At the legislature,
leadership in the Utah Senate

quietly cheered this brief

on the basis of state
and religious freedom.

We feel it's a duty
to defend our jurisdiction

over the definition of marriage.

They really recognize
the issues of religious freedom.

They recognize the issues
of how do we raise children.

AMY: The case now goes before

a federal appeals court
in Denver,

but many expect it to find
its way to the Supreme Court.

A Supreme Court decision
could have

major repercussions
across the country.

If Utah's ban is overturned,

the same could happen
for same-sex marriage bans

in nearly 30 other states.

MARK: The way things kept
falling into place

for this case,

I just got to a point where it
became so euphoric for a while,

we didn't think anything
could go wrong.

I was really, really convinced
this was gonna work

because we were
a small independent team

working together just for Utah.

But I was getting guff from
national organizations going,

"You shouldn't be doing this.
This is too big for you."

I just said, "Fuck you.
What are you doing?"

The pushback was phone calls
telling us that,

"You are a little law firm
in the backwater of the nation."

Everybody believed we would
never get it done here.

We're too red.

It's too conservative.

It's the home of the LDS Church.

60-plus percent
had passed Amendment 3.

People were very unhappy
with us. I mean pissed.

A case from Utah
was not on anybody's agenda.

It's not because,
"Oh, you can't have glory.

It needs to be done our way.
We need the glory."

A lot of these large
national organizations

were what I called
professional homosexuals.

People who make six-digit
incomes on exploiting being gay.

They all had these roadmaps
all lined up.

They were gonna win
marriage equality

because they have to justify
their six-digit incomes

to their donors.

KATE: When you go
full-steam ahead

with the righteousness
of your convictions,

and you think
you've got it nailed,

and you think you know
exactly what you're doing,

and then you lose.

In the cases
we're involved in,

you don't just lose
for your client,

you lose for
the whole effing community.

I uniformly got shut down
by every one of the experts

telling me that they
were not willing to help me

because I was not affiliated
with a national organization.

So they just refused to help us,

and Mark was angry.

He's not a person
who wanted to be

part of an organization
telling him what to do.

But at the end of the day,

all of the organizations
were all on the same team,

and you need to learn
to play together

and use each other's strengths
to get what y'all need.

KATE: Peggy then reached out
to NCLR and said,

"I know NCLR understands
these issues."

And so we started helping out
and then came informally.

A couple of days later,
I got a phone call

from an investor who had just
sent us a check for $1,000.

He says, "Well, you better
send me my check back."

I said, "What?
What are you talking about?"

He said, "You guys have
been going on and on

about this grassroots
organization,

this little law firm,

and you've turned it over
to a national organization."

I went onto the NCLR website,
and there is Derek and Moudi.

"See our plaintiffs,
our new case in Utah."

We were told that they would be
representing the plaintiffs.

That started making me angry

because as far as I'm concerned,
they have no right.

They have no justification
coming here, telling us anything

because none of these
organizations

have done anything for us.

All of a sudden, we were not
included in meetings anymore.

We were not included
in any communications anymore.

We had a really
good thing going.

That good thing was driven apart
by a national organization.

And then things
started getting even worse.

It finally got to the point
where it was, "All right, Mark,

shut the fuck up
and get under the bus."

It was incredibly disappointing.

It's like being at the highest
point in your whole life

and then being at the lowest
point in your whole life.

It's like crashing.

Our primary purpose in this
case was to raise the money.

I've never done
fundraising before.

I just thought
it was gonna be easy.

And that turned out to be...
big disaster.

Did not happen.

I'm not a professional
homosexual.

I'm an amateur homosexual.
[laughs]

KATE: You work, and you sweat,

and we kept thinking
it'll take off any minute now.

Then we would have a fundraiser
with 10 or 20 people at it.

MARK: People don't like
giving money to lawyers.

And that's always
gonna be that way.

People were appalled
that they were charging us

and not doing this pro bono.

One of the things that's been
said is that we were greedy,

that we wanted to make money
off of this case.

I will admit that
we wanted to be paid,

and that was
a fundamental premise

of what Mark Lawrence told us
when he came in the door.

At the end of the day,
I think we are about $900,000

in unpaid attorney fees.

MARK: One other thing that
really became an issue for us

was that they were lying about
how much money we had paid.

There were even rumors that we
were financially disreputable.

I think one of the other
plaintiffs said

she had heard
we had raised $200,000

and only 5,000 of it
had gone to lawyers.

I thought, "Oh, my goodness."

We'd be lucky if we donated
5,000 to the lawyers.

What about 200,000? Wow!

There was no way we had ever
raised that much.

ANCHORWOMAN: A call for civility
on social media

from the man at the heart of
Utah's same-sex marriage case.

That call came appropriately
enough on Facebook.

The author of the post
is one of the plaintiffs

directly involved in
same-sex marriage case.

I think it's important for us
as a community to be respectful.

So when you direct
a negative comment

towards Governor Herbert,

saying look at us,
we're a family,

we are normal
just like everybody else,

and then some bad words,

that's going to nullify
the message

that you're trying
to send to him.

Governor Herbert
you are pandering

to a small group
of radical fanatics.

[cheering]

You are harming our families.

You are harming the families
who don't meet your tiny,

narrow, naive definition
of what a family is.

Well, guess what, Gary.

There's a lot more of us.

[cheering]

And the hell with
political correctness.

MARK: We started getting
a lot of criticism

about what we were doing,
and that became an issue.

The plaintiffs started
becoming very volatile.

They were like little vials
of nitroglycerin.

They had to be handled
very carefully.

And things continued
to break down.

We were called into a meeting
at one of the plaintiff's house.

We sat with all the plaintiffs
and the legal team,

and they proceeded to attack us.

Mark is irrational.

He's gonna have
a burst of flames,

but it's gonna die out
very quickly.

We are used to Moudi's
little fucking shit-fits

and temper tantrums.

Every time he does this,

everybody bends him over
and kisses his ass.

It's like,
"Oh, God, Moudi's mad.

Oh, no, everybody drop
what you're doing.

Moudi's pissed."

Mark has definitely laid
the foundation for all of us,

and we need to be
very appreciative.

KODY: You know what?

He had a vision,
and I wanna grant him that.

But he cannot go on
embarrassing us.

But a lot of it
is just miscommunication.

MARK: No, it's not.
That's not miscommunication.

Moudi is spouting his shit
because he's frustrated.

He did not like the way
I speak in my public speaking.

That is a weakness for me,
and it's something-- I hate it.

I fucking hate public speaking.

I think that's
the problem with Mark.

He takes an
all-or-nothing approach.

I feel like I'm being attacked.

PEGGY: He had
the warrior mentality,

and it wasn't the right time.

Mark harbored
pretty hard feelings

about how he'd been treated.

But from our perspective,
we really needed to make sure

we weren't doing any kind of
damage that could hurt the case.

So I think that's really
where we began to part ways.

MARK: I called a lawyer...

and I said I want you
to dissolve our relationship

with Magleby & Greenwood.

We want nothing to do
with these people again.

REPORTER:
Utah will spend $300,000

to bring in a team
of three outside attorneys

to help defend the state's
same-sex marriage ban

before a federal appeals court.

The Utah Attorney General's
office announced a few hours ago

that it has chosen Gene Scheer
to lead the team.

Attorney General Sean Reyes
says Scheer

has handled dozens of cases
before federal appeals courts.

There really is a conflict
between same-sex marriage

or institutionalized
same-sex marriage

and religious liberty.

JENNIFER: Utah hires Washington
DC attorney Gene Scheer

to help them defend
the same-sex marriage ban

in front of the Tenth Circuit
Court of Appeals in Denver.

Scheer is a Mormon,
and as he's leaving his firm,

he crafts this email

in which he's explaining
to his colleagues

his reason
for going to do this.

He feels a religious duty

to help defend
traditional marriage.

STEVE: Gene Scheer came into
the senate Republican caucus

and said that we were forbidden
to run any legislation

that might touch on
the LGBT community.

For the Utah legislature
to shut its doors,

we're better than that.

We take on the tough issues.

Remember, he was working
for the state

and talking about working
for a conservative think tank.

So I think it was
a very cheap move,

and that's what I said
in that caucus.

I didn't feel he was
representing the state.

I felt like he was representing
this conservative think tank.

MISSY: There was such a desire

for people to understand
the diversity of gay rights,

yet it didn't seem
to flow both ways.

Any community has a strong
majority of something.

Now, there a lot of people
who follow the LDS faith

in the legislature,

and Attorney General Reyes

happened to be
a Mormon bishop years ago.

But I did not see
the LDS Church ever coming in

and lobbying us during the case.

I'll just throw that out there.
They didn't.

There's no doubt.
I mean, absolutely.

Anything that happened
on the same-sex marriage issue,

the Church was controlling.

Remember, I've dealt with
the Church on LGBT issues.

Whether it's a whisper
and a nod here and there,

the Church completely was
in favor of what was going on.

Otherwise, it wouldn't
have been happening.

A system is in place.

It's a good thing
a system is in place,

and we'll continue
to do our jobs.

We have finally had
an opportunity to put in writing

why the state's opening brief
wholly lacks merit.

I think the thing
that is disturbing to me

is this whole
child-centric argument

when they're now intervening
in all of these adoptions.

If they cared about the kids,

they would care about
providing as much security,

stability and support
as they can.

I just wanna know
it's really gone,

and it's in
someone else's hands,

and that they're
gonna be reading it

after reading the state's brief,
and they're gonna go, "Yeah!"

That's what we were thinking!

And they said it better.

If you read the state's brief,
it is really an emotional plea

based on arguments
that are not real

or supported by social science

and ignore
constitutional tenets.

The Constitution is intended
to avoid having any majority

impose its personal,
biased viewpoint

on the rest of the citizens.

I think we're just gonna have
to file the one they sent us.

We don't have enough time.
Hey, and this is perfect.

We're good.

Sorry, buddy, go to bed.

We are so excited about this.

The brief is awesome,
awesome, awesome.

We're almost there!

As long as we get it
filed before midnight,

that's what matters.

Whoo!

REPORTER: Next week the Tenth
Circuit Court of Appeals

will hear Utah's case
against same-sex marriage.

Now this a ruling
that could impact

every single state
in this country.

It'll likely be
the first federal ruling

on the constitutionality
of same-sex marriage ever.

We are not going away.
This is our home!

Utah's exactly the right place.

We have always experimented

with social and marital
relationships.

They're all history.

We are blessed
when we are persecuted

for the sake of righteousness.

Whatever any court decides
does not end this fight.

The court does not decide
the definition of marriage.

REPORTER: Now at least
84 people or groups

are finding themselves
as friends of the court.

Groups like the Church of Jesus
Christ of Latter-day Saints.

Just yesterday,
a group of 81 state lawmakers

filed saying, "We especially
feel a profound duty

to the children of the state."

PEGGY: The impact
of a bad ruling

will be felt for decades.

- Okay, turn around.
- It's not choking me.

Okay, as long as it's not
a full choke, you're fine.

You look very handsome today.

Thanks. So do you.

JUDGE: We're here this morning
for one case.

13-4178 Kitchen v. Herbert.

Counsel, you may proceed.

GENE: Thank you, Your Honor,
and good morning.

I am Gene Scheer,
and I am honored to appear today

on behalf of the state of Utah
and its people.

The issue is really
one of authority.

That is, whether under
the federal Constitution,

the state's definitional
authority over marriage

allows them to retain
the traditional

man/woman definition
of marriage.

PEGGY: Your Honor, every state,
including the state of Utah,

is bound by the guarantees

and protections
of the 14th Amendment

for every single citizen
in its state.

Amendment 3, and the other
marriage discrimination laws...

...was to exclude
same-sex couples

from marriage recognition.

GENE: The man/woman marriage
conveys the message

that a mom and dad
are important, okay?

And when you redefine marriage,

you dilute that message
in the law.

Your Honor,
one large national study

found that boys raised
outside of attached marriages

were two to three times
more likely

to commit a crime
leading to imprisonment.

PEGGY: There is no study
that, in fact, measures

that same-sex parenting
is not as good

as what they call
a man/woman marriage.

GENE: We want to be clear.

This historical practice is
the one that Utah supports.

Period.

PEGGY: Your Honor,
the Supreme Court has expressed

that an individual's
constitutional rights

are not subject to public vote
or legislative action.

These laws are not
the type of laws

that our Constitution
will permit

because, as the court
has said before,

the Constitution does not allow
classes between its citizens.

Thank you for your time.

[crowd cheering]

We look forward
to a swift decision

and have confidence
that these judges

will give this case the serious
consideration it deserves,

and we look forward to bringing
marriage equality to Utah

and the rest of
the Tenth Circuit.

[cheers and applause]

PEGGY: When Gene Scheer argued,

I was surprised that he was
less of a legal advocate

than I thought he would be

and more an advocate for his own
personal religious beliefs.

It was almost to the point
of being offensive,

how he was casting children
who grew up without fathers.

The fact that they were
more likely to be

sexual deviants
and drug addicts.

It made me realize

how much some of these positions
with the state was taking

were truly hurting children

when my son, who was there,
came up to me.

He said, "Do you realize
he's talking about me?"

Attorney General Sean Reyes
joins me now

to tell us a little bit more

about how you thought
the proceedings went

and the importance of this case
in the state of Utah.

Thanks, Rich. Both sides
acquitted themselves very well.

It was a very active panel.
Questions that...

KODY: As we walked
into the courtroom,

you could feel the gravity
of the moment.

We sat down on the bench,

and we were waiting
for our oral arguments to begin,

and Attorney General Reyes
came up and introduced himself.

Then he kneeled down and
said he wanted us to be happy,

and that he never
wanted to hurt us.

I did use the phrase
"It's not personal."

Obviously, it's very personal
to everybody.

But I was saying
that enforcement of the law

was not intended to single out
any particular family.

I've tried to put myself
in their shoes.

DEREK: Then I realized
he was blatantly lying

because if he did care about us

and he cared about
our happiness,

then he wouldn't be
in the courtroom

actively trying to prevent us
from marrying one another.

LAURIE: When he knelt down
and said,

"I hope you know
that this isn't personal,"

it brought tears to our eyes
because what else was it?

That's all it was,
was personal.

The position that we're taking

likely causes them pain
and heartache,

and I'm sorry for that.

I don't apologize
for what we're doing

in terms of representing
the laws of the state of Utah.

I remember him saying,
"I know you love your family

as much as I love mine."

I would like to focus
on the fact

that he recognized that
Laurie and I were a family.

REPORTER: Same-sex marriage
is once again

legal in the state of Utah.

REPORTER: That's because
of the ruling coming down

about an hour ago
on Amendment 3

from the Tenth Circuit
Court of Appeals.

REPORTER: The Attorney General
sent this letter

to all county clerks
in the state:

"Effective immediately,
all counties are advised

to conduct business today
and going forward,

recognizing all legally
performed same-sex marriages."

PEGGY: Shelby's ruling
parted the waters

and every other ruling was
following in Shelby's footsteps.

The reason Judge Shelby's
decision became the domino

is it was the first
federal court to declare

that a state could not
ban marriage equality.

STEVE: Utah to be the first
domino was unexpected.

That really shocked
the entire state.

At that point, we knew
the world had changed.

♪♪

PEGGY: When it really sank in

is when I got to do
my second parent adoption.

I was a mess.

I cried.
I couldn't get my voice

to quit wavering
all over place.

When you love a child,
it's a very powerless position

not to be able to protect them
and tell them they're secure,

and they don't need to worry.

The judge asked him,
"What do you think about this?"

He goes, "I am so happy."

He said, "I love Peggy so much."

"Do you want her
to be your mom?"

"Especially I want her
to be my mom."

[Mark sighs]

Here is my life sitting in here,
getting all dirty and ruined.

I haven't had a positive amount
in my checking account

for probably nine months now.

Christ, I'm 57 years old,

and I don't have
my own home yet.

That really, really
makes me feel shitty.

That has a lot to do with why I
got involved in this damn case.

It's been a good distraction.
[chuckles]

When you look at these stories
of how sweet everything was?

Bullshit.

We were almost, at one point,
like a little family.

And now we're enemies.

Somebody asked me,
"Would you do it over again?"

I don't think I would.

♪♪