10th Circuit Appeals Court Strikes Down Utah’s Ban on Gay Marriage
The 10th Circuit Appeals Court has set a new precedence in the fight for equality. A three-judge panel in Denver, Colorado struck down Utah’s ban on gay marriage holding 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.” In their ruling, the Court further stated that “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.”
This decision is monumental in the fight for same-sex marriage in that a federal court of the United States has finally found that the Constitution protects same-sex relationships. Since the Windsor decision striking down the Federal Defense of Marriage Act, fourteen federal judges have seen fit to rule in favor of gay marriage.
Unfortunately, this victory in the 10th Circuit has immediately stayed so that it can be appealed. It is likely that this case will now be appealed to the Supreme Court of the United States of America and thus will be among several cases for SCOTUS to choose from regarding the constitutionality of same-sex marriage.
Attorney David Crosson provides legal counsel in the areas of divorce, custody, family law, wills, and estate planning law.