Wednesday, June 25, 2014

10th Circuit Rules Against Utah, Gay Marriage is Fundamental Right

by Brig Bagley

25 June 2014

The 10th District Court of Appeals released their ruling today against Utah, affirming that the Amendment 3 ban on same-sex marriage and recognized partnerships was unconstitutional. This means that in at least Utah, Wyoming, Colorado, New Mexico, Kansas, and Oklahoma, same-sex marriage is the law of the land. The ruling was stayed, pending appeal by the state of Utah. Utah can either appeal to the entire 10th District Court (only 3 members were involved with this ruling), or to SCOTUS.

"Having heard and carefully considered the argument of the litigants, we conclude that, consistent with the United States Constitution, the State of Utah may not do so (deny a citizen the benefit or protection of the laws of the State based solely upon the sex of the person that citizen chooses to marry)," the court wrote. "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 went as far as to say that marriage, family, and children are a fundamental right to US citizens. This ruling has conservatives up in arms. Utah will likely appeal to the US Supreme Court, which currently has a conservative majority. However, this same conservative majority struck down both Proposition 8 in CA, and DOMA. 

No comments:

Post a Comment