Breaking: Historic Appeals Court Ruling Finds Utah Same-Sex Marriage Ban Unconstitutional

In the first federal appeals court ruling since the Supreme Court struck down DOMA 364 days ago, Utah’s ban on same-sex marriage has again been found to be unconstitutional. 

The U.S. Court of Appeals for the 10th Circuit has upheld last year’s December ruling that struck down Utah’s ban on same-sex marriage as unconstitutional. In today’s 2-1 decision, the court ruled that “under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex.” The court also stayed its decision.

The court clearly also ruled that the state does not have more rights than a same-sex couple, noting, “the experimental value of federalism cannot overcome plaintiffs’ rights to due process and equal protection.”

UPDATE I:

“Today’s decision affirms what we all know to be true – the U.S. Constitution guarantees the basic civil rights of all Americans, not just some,” said Human Rights Campaign (HRC) president Chad Griffin.  “Utah’s ban on marriage equality does nothing to strengthen or protect any marriage.  Instead, it singles out thousands of loving Utah families for unfair treatment simply because of who they are.  Our Constitution does not allow for such blatant discrimination.  We are incredibly grateful to the plaintiffs, their attorneys with Magleby & Greenwood, P.C and the National Center for Lesbian Rights, as well as Utah Unites for Marriage, for their tireless work making today’s historic victory possible.”

UPDATE II:

The New Civil Rights Movement’s Eric Ethington, formerly of Utah, offers these observations:

#10Circuit says “As in Windsor,” banning #samesexmarriage “humiliates” children and causes them financial harm. #utpol #LGBT #Amendment3

— Eric Ethington (@EricEthington) June 25, 2014

#10thCircuit‘s ruling DOES NOT effect @acluutah lawsuit against #Utah for refusing same-sex adoptions. That case will continue. #utpol #LGBT

— Eric Ethington (@EricEthington) June 25, 2014

You can now take a “get married to your same-sex partner in every state Mitt Romney lives in” tour. #utpol #lgbt #10thCircuit

— Eric Ethington (@EricEthington) June 25, 2014

 

UPDATE III: Read Eric Ethington’s analysis — Utah Federal Appeals Court Ruling Finds Same-Sex Marriage Bans ‘Serve Only To Oppress’

 

This is a breaking story — stay tuned for more details.

 

Image: Michael Adam Ferguson and J Seth Anderson, the first same-sex couple to marry in Utah last year. Via Facebook