Appeals court shoots down Utah’s same-sex marriage ban

SALT LAKE CITY – The Tenth Circuit Court of Appeals shot down Utah’s same-sex marriage ban Wednesday, reaffirming the original ruling made by a federal district judge last year. However, the court also placed a stay on the ruling pending Utah’s likely appeal to the U.S. Supreme Court.

The court stated in its ruling:

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.

Amendment 3, Utah’s same-sex marriage ban, was originally struck down as unconstitutional by federal district Judge Robert Shelby Dec. 20, 2013. Before a stay was placed on the ruling by the Supreme Court  Jan 6, 2014, over 1,200 same-sex couples were married in the state.

Utah Attorney General Sean Reyes has previously stated he will take the case to the Supreme Court.

Read the Tenth Circuit Court of Appeal’s ruling in its entirety here.

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Email: mkessler@stgnews.com

Twitter: @MoriKessler

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10 Comments

  • 375ultra June 25, 2014 at 11:55 am

    The 14th amendment doesn’t have authority over the tenth amendment.

    • St. George Resident June 25, 2014 at 1:41 pm

      Each amendment becomes part of the document. Therefore, the 14th amendment takes precedence, since it effectively enumerates certain rights.

      • 375ultra June 25, 2014 at 2:27 pm

        The bill of rights is its own document and can’t be altered by anyone other than god himself.

        • Bender June 25, 2014 at 4:52 pm

          Can’t tell if trolling or just crazy.

        • St. George Resident June 26, 2014 at 10:31 am

          Mistaking secular documents for sacred is part of the reason this country is being taken over by religious nut jobs.

  • Dana June 25, 2014 at 12:53 pm

    Woo-hoo!
    ….I bet Herbie and his hand picked puppet boy Sean got their magic undies in a twist.

  • Traditional Values and Oxymoron June 25, 2014 at 2:45 pm

    Utah has social problems. Utah always has had social problems. Those who want to blame “outsiders” for those social problems, as well as changes to so-called “traditional values” were blind and oblivious to the problems that existed. Some changes that “outsiders” are requesting are good, even though they conflict with those so-called “traditional values”. Those traditional values included turning a blind eye & deaf ear to polygamy & child brides, the acceptance of non-equality for women in the workforce and government and the practice of extreme bigotry and discrimination, high rate of suicide and drug dependency. As said, people who grew up accepting these in their traditional values just didn’t see any wrong with them. Their biggest fear is change, feeling forced to accept equality and the thoughts and opinions of someone else. That’s what they see as wrong.

    • Jen Lindley June 25, 2014 at 4:59 pm

      I could not have said that better myself.

  • Jen Lindley June 25, 2014 at 4:29 pm

    I’m glad this happened. Today is a joyous day for equality in America. 🙂

  • San June 25, 2014 at 6:21 pm

    This is not about faith, yours, mine or theirs. This is about human rights. It’s about the U.S. Constitution granting us all the same rights. It’s about dignity and respect and the law. I’ll go to church and pray the way I want to…and know that others are free to exercise their faith, right to live without interference and the grace of the appellate court to see that this has nothing at all to do with personal choice. I love my gay friends, married and single. I hope they love me. You have a right not to love any of us. Peace out…

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