We are beginning to get word that the Tenth Circuit has ruled that Utah's same-sex marriage ban is unconstitutional (upholding Judge Shelby's ruling at the district court level). The ruling is stayed for now. This would be the first circuit court ruling affirming marriage equality since the Windsor decision at the SCOTUS in June, 2013.
From the AP:
A federal appeals court for the first time says a state cannot prevent gay people from getting married. A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver found that Utah's ban on same-sex marriage violates the U.S. Constitution. The judges upheld a lower court ruling that struck down the ban in December. They immediately put their ruling on holding so it could be appealed. The case has been closely watched because it represents the first ruling on gay marriage at the appellate level since the U.S. Supreme Court struck down the Defense of Marriage Act in June 2013. The ruling likely will be appealed to the Supreme Court. The panel has not yet ruled on a similar ban in Oklahoma.
via
JMG
The ruling, written by Judge Lucero, reads:
Having heard and carefully considered the argument of the litigants, we conclude that, consistent with the United States Constitution, the State of Utah may not [deny a citizen the benefit or protection of the laws of the State based solely upon the sex of the person that citizen chooses to marry]. We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.
via
Freedom To Marry
From the Ruling:
5:46 PM PT: Please see Mokurai's diary for information of the marriage equality ruling today in Indiana.
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