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Federal appeals court rules Utah's gay marriage ban unconstitutional Federal appeals court rules Utah's gay marriage ban unconstitutional
(35 minutes later)
A US federal appeals court has ruled for the first time that states must allow gay couples to marry, declaring Utah's gay marriage ban unconstitutional.A US federal appeals court has ruled for the first time that states must allow gay couples to marry, declaring Utah's gay marriage ban unconstitutional.
The Wednesday ruling, from the three-judge panel of the 10th US circuit court of appeals in Denver, is the first on gay marriage at the appellate level since the US supreme court struck down the Defense of Marriage Act in June 2013.The Wednesday ruling, from the three-judge panel of the 10th US circuit court of appeals in Denver, is the first on gay marriage at the appellate level since the US supreme court struck down the Defense of Marriage Act in June 2013.
The panel found that Utah's ban on same-sex marriage violates the US Constitution. The judges upheld a lower court ruling that struck down the ban in December. They immediately put their ruling on holding so it could be appealed.The panel found that Utah's ban on same-sex marriage violates the US Constitution. The judges upheld a lower court ruling that struck down the ban in December. They immediately put their ruling on holding so it could be appealed.
"We conclude that plaintiffs possess a fundamental right to marry and to have their marriages recognized," the judges said."We conclude that plaintiffs possess a fundamental right to marry and to have their marriages recognized," the judges said.
"A state may not deny the issuance of a marriage license to two persons, or refuse to recognise their marriage, based solely upon the sex of the persons in the marriage union," they said."A state may not deny the issuance of a marriage license to two persons, or refuse to recognise their marriage, based solely upon the sex of the persons in the marriage union," they said.
The court did not issue a ruling on a similar ban in Oklahoma, a challenge to which it heard a week after the Utah case. But according to the Salt Lake City Tribune, the ruling affects all states covered by the 10th circuit court of appeals: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.The court did not issue a ruling on a similar ban in Oklahoma, a challenge to which it heard a week after the Utah case. But according to the Salt Lake City Tribune, the ruling affects all states covered by the 10th circuit court of appeals: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.
Utah's gay marriage ban was first overturned in December. In the short window before the US supreme court issued a stay, more than 1,000 same-sex couples were wed.Utah's gay marriage ban was first overturned in December. In the short window before the US supreme court issued a stay, more than 1,000 same-sex couples were wed.
Currently, same-sex marriage is legal in 19 states and the District of Columbia. Recent polls show a majority of Americans support it. The ruling came moments after another federal judge in a lower court struck down Indiana's ban on gay marriage. Currently, same-sex marriage is legal in 19 states and the District of Columbia. Recent polls show a majority of Americans support it.
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