Utah women: we never authorized lawyer to file suit in our name

by Walter Olson on January 2, 2014

“A lesbian couple who married last week want a federal judge to throw out a lawsuit against the state and the LDS Church that listed their names without their knowledge or permission. … ‘Mr. Smay never had authorization, consent or permission from me or my wife to file a lawsuit on our behalf,’ Fowler wrote in a court declaration.” The couple had married following an unrelated ruling by a federal judge on a challenge to Utah marriage law, and had been the subject of Dec. 25 coverage in the Salt Lake Tribune newspaper, which one of the pair believes might have called them to the lawyer’s attention. [church-affiliated Deseret News, KSL, Religion Clause] For another instance in which someone complained of being named as a plaintiff in a lawsuit without their consent, see this 2007 item.

Update: court tosses suit; lawyer insists he doesn’t need couple’s permission to file suit, but other lawyers tell the Salt Lake Tribune he’s wrong.

{ 1 comment }

1 Darrell 01.02.14 at 7:14 pm

Every time I receive a notification about a class action lawsuit, where apparently I’m a member of the class, that is also without my permission. Sadly (and unjustly in my opinion) it requires effort to “opt out” of class actions.

Comments on this entry are closed.