Utah's Same-Sex Marriage Ban Struck Down by Federal Appeals Court

[WorthyNewsBot]

DENVER, COLORADO (Worthy News)– In a historic decision, a federal appeals court has ruled that a state's ban on same-sex marriage unconstitutional, setting up a possible Supreme Court battle over the issue.

A three-judge panel of the 10th Circuit Court of Appeals in Denver voted 2-1 that Utah's ban is unconstitutional.

"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," the court said.

The 10th Circuit upheld a lower court ruling that tossed out Utah's ban. It issued a stay of its ruling pending likely appeals, either to the full appeals panel or the U.S. Supreme Court. —

Source

The Utah case was the first in the nation in which a federal judge struck down a state ban on same-sex marriage. Still pending on appeal is a Virginia case that also struck down a state ban.

The battle in Utah became the template of later legal fights as federal courts throughout the nation wrestled with state bans on gay marriage. Federal judges have been unanimous in upholding the right to gay marriage and have struck down the bans, saying they violate the equal-protection clause of the U.S. Constitution. Also frequently cited was the Supreme Court’s 1967 decision to strike down state laws barring marriage between races in a Virginia case. —

Source

View the full article

[OakWood]

I didn't think that the Federal court had the right to strike-down such bans or have I misread your constitution?

[ayin jade]

Utah is a bit of a weird case. They were only permitted into the us if they dropped polygamous marriage. So they already set themselves up for interference by the feds in marriage.

[OakWood]

Utah is a bit of a weird case. They were only permitted into the us if they dropped polygamous marriage. So they already set themselves up for interference by the feds in marriage.

 

That was a condition of their acceptance into the Union. Now that they are in things are different.

The condition was based upon the theory that other States didn't accept polygamy but which States are accepting homosexual marriage? None by the looks of it - only the Feds.

[Willa]

Several states have. Our last governor made it legal in Washington State by gubenatorial decree, much like our president did with his heathcare. Executives are not allowed to sign measures into law that are not passed by the house and senate, but they are doing it. The people in WA voted against same sex marriage several times. But this was ignored. The constitution is largely being ignored.

[kwikphilly]

Blessings Willa

    Yeah ,this is ridiculous......how is it that the US Constitution is being totally ignored,& these things are going right past The Senate & the House of Representatives,,,,,,How?king obama?                                                                    Love you Sis,Kwik

[RustyAngeL]

Blessings Willa

    Yeah ,this is ridiculous......how is it that the US Constitution is being totally ignored,& these things are going right past The Senate & the House of Representatives,,,,,,How?king obama?                                                                    Love you Sis,Kwik

Right Kwik, Obama admitted that with the stroke of his pen he  could do anything He has totally ignored the Constitution, Bill Of rights and has gone over congresses head.  I said from the very first that this man did not want to be President, He wanted to be king of the world.