For the first time, a federal appeals court declared that gay marriage cannot be prohibited. On Wednesday, June 25, the 10th U.S. Circuit Court of Appeals ruled that Utah cannot ban same-sex marriages. Same-sex couples are still unable to marry in Utah because of a stay in place.
This case has been extremely significant to the public as it is representative of the first ruling on gay marriage at the appellate level since the Defense of Marriage Act in June 2013. Ever since this ruling, judges have been unanimous in supporting the right of same-sex marriage and striking down bans on this matter. Their defense is that such restrictions contradict the equal-protection clause of the U.S. Constitution.
Same-sex marriage is legalized in 19 states and in the District of Columbia. Every other state has been faced with a prevalence of lawsuits to legalize gay marriage and related issues.
A three-judge panel of the Court of Appeals in Denver asserted that Utah’s ban on same-sex marriage is a violation of the U.S. Constitution. The court ruled 2-1. Judge Paul J. Kelly, Jr. dissented. The ruling said, “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.”
Peggy Tomsic, Plaintiff’s attorney, discussed the joy this ruling has created. She described how three same-sex couples who brought the case forward and other counsel were shedding tears of joy over the ruling.
“This decision is an absolute victory for fairness and equality for all families in Utah, in every state in the 10th Circuit and every state in this great nation of the United States,” she said, according to The Washington Post.
A lower court ruling that struck down the ban in December was upheld by the judges. The judges rapidly put their ruling on holding so that it is available for appeal.
Gary Herbert, Utah Governor, explained that the appellate court’s decision “needs to be appealed because we can’t get finality and final resolution unless the Supreme Court hears the case and makes a decision.”
In 2004, 66 percent of voters passed the state’s defense of Amendment 3 to Utah’s Constitution. Herbert commented on this in relation to the current ruling, saying, “This was a 2-1 decision, so at least a judge agrees with the state’s decision. And you can’t stop in the middle. You’ve got to play until the final buzzer.”
Law professor Clifford Rosky of the University of Utah discussed this event, saying, “This is the most significant victory in the history of the gay rights movement. A federal appeals court has recognized that same-sex couples enjoy the same freedoms as all Americans — the freedoms to marry, establish a family and raise children together. This is a victory not only for the 1,300 same-sex couples who are married in Utah, but for all gay Americans.”
Most likely, the ruling will be appealed to the Supreme Court.
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