June 25, 2014
The Tenth Circuit Court of Appeals has affirmed the district court’s ruling that Utah’s same-sex marriage ban is unconstitutional.
From the opinion:
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. For the reasons stated in this opinion, we affirm.
They have issued a stay.
EqualityOnTrial will have more on this developing story.
UPDATE: EqualityOnTrial has confirmed that there will be a decision in Bishop v. Smith, the outstanding Tenth Circuit case challenging Oklahoma’s same-sex marriage ban. That decision is still pending, and likely won’t be issued today.
UPDATE 2 2PM ET: The Utah Attorney General’s office has issued a statement: “The decision released this morning by the United States Court of Appeals for the Tenth Circuit in Kitchen v. Herbert is currently being reviewed by the Utah Attorney General’s Office. Although the Court’s 2-1 split decision does not favor the State, we are pleased that the ruling has been issued and takes us one step closer to reaching certainty and finality for all Utahns on such an important issue with a decision from the highest court. For that to happen, the Utah Attorney General’s Office intends to file a Petition for Writ of Certiorari to the United States Supreme Court. The Tenth Circuit Court’s issuance of a stay will avoid further uncertainty until the case is finally resolved. Whether the Utah Attorney General’s Office seeks en banc review of the Tenth Circuit’s ruling has yet to be determined.”
Thanks to Kathleen Perrin for these filings