Federal Court Strikes Down Utah’s Ban On Same-Sex Marriage

avatar

The 10th Circuit Court of Appeals in Denver struck down Utah’s same-sex marriage ban on Wednesday, ruling 2-1 that it violates the U.S. Constitution.

The court immediately stayed its ruling pending appeal back to the 10th Circuit or straight to the U.S. Supreme Court.

“[W]e hold that under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex,” the court wrote, “and that Amendment 3 and similar statutory enactments do not withstand constitutional scrutiny.”

The court has jurisdiction over six states, including Colorado and Oklahoma, both of which have bans on same-sex marriage that are being challenged in court. The federal appellate court has already heard arguments in the Oklahoma case and a ruling is expected soon.

A constitutional amendment in Colorado prohibits same-sex marriage, but the state legislature passed a bill last year recognizing same-sex civil unions, which confer almost all the same rights and responsibilities as marriage. Several couples filed suit earlier this year challenging the amendment.

Judge Carlos Lucero, writing the majority opinion, struck down several of Utah’s arguments in favor of the ban, including that same-sex marriage would erode marriages between men and women, and that they would be bad for children.

“[I]t is wholly illogical to believe that state recognition of the love and commitment between same-sex couples will alter the most intimate and personal decisions of opposite-sex couples,” he wrote.

“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,” he concluded. “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.”

Follow Greg on Twitter


Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.

BarbWire Books is pleased to announce

Muslim Invasion: The Fuse Is Burning

Dr. Don Boys

Muslin Invasion: The Fuse is Burning! is an interesting, informative, and for the politically correct and infuriating read. Islam, Muslims, immigration, Jihad, Sharia, and the war against our civilization, culture, and creed is a present reality. Gutless public officials are selling us short either by complicity with the enemy or due to a doctrinaire commitment to idiotic tolerance ideology. Whatever the case, citizens must stand up against the invasion now before it is to late. The author suggests that the fuse is burning and the results will end in a complete upheaval of America and every free nation, unless we act now. Forget the lame stream media. Forget Obama. Common sense mandates, our very survival demands that we act NOW to keep America from going off the cliff; This book promises to be a life changing read.

BUY BOOK


Posting Policy

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read More

STAY IN THE LOOP
Don't miss a thing. Sign up for our email newsletter to become a BarbWire insider.

Send this to friend