U.S. appeals court backs gay marriage in conservative Utah

Wed Jun 25, 2014 5:44pm EDT
 
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By Daniel Wallis

DENVER (Reuters) - A U.S. appeals court ruled on Wednesday that conservative Utah may not ban gay couples from marrying, a decision that capped a day of victories for same-sex nuptials and nudges the issue closer to the U.S. Supreme Court.

The ruling by a panel of the U.S. Court of Appeals for the Denver-based 10th Circuit marked the first time that a regional appeals court has made such a decision in the year since the Supreme Court ordered the federal government to extend benefits to legally married same-sex couples.

The decision came as a federal district judge in Indiana joined a growing chorus of jurists who have struck down state gay marriage bans as unconstitutional in rulings that could substantially expand U.S. gay marriage rights if upheld.

"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 10th Circuit said in its 2-1 ruling on Utah.

But the panel placed its ruling on hold pending anticipated legal challenges. Utah Governor Gary Herbert, a Republican, said he was disappointed in the ruling, and the state attorney general's office said it would appeal to the U.S. Supreme Court.

"All Utahns deserve clarity and finality ... and that will only come from the Supreme Court," Herbert said in a statement.

Supporters of gay marriage in Utah, where the Mormon church wields big political and social influence, planned a celebratory rally Wednesday night in Salt Lake City.

Utah briefly became the 18th U.S. state to allow gay marriage when a federal district judge ruled in December that a state ban on gay matrimony was unconstitutional.   Continued...

 
Plaintiffs Derek Kitchen (L-R) and Moudi Sbeity and Kate Call and Karen Archer talk outside the courthouse after a federal appeals court heard oral arguments on a Utah state law forbidding same sex marriage in Denver in an April 10, 2014 file photo.  REUTERS/Rick Wilking