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Utah to appeal same-sex marriage ruling to US supreme court Utah to appeal same-sex marriage ruling to US supreme court
(about 3 hours later)
A definitive ruling on the constitutionality of gay marriage in the United States could come within a year, after the state of Utah decided to petition the Supreme Court over a lower court ruling that permitted same-sex marriage in the state. A definitive ruling on the constitutionality of gay marriage in the United States could come within a year, after the state of Utah decided to petition the supreme court over a lower court ruling that permitted same-sex marriage in the state.
The attorney general of Utah said on Wednesday that the state would not take up the option to appeal to a full panel of judges on the tenth circuit, where three judges two weeks ago upheld an earlier ruling permitting gay marriage in Utah, and petition the supreme court directly instead.
"Attorney general [Sean] Reyes has a sworn duty to defend the laws of our state," said Missy Larsen, chief communications director for Reyes' office. "Utah’s constitutional amendment three is presumed to be constitutional unless the highest court deems otherwise," said the statement.
In the latest of a series of rulings that supported gay unions, the tenth circuit court of appeals issued a 2-1 decision two weeks ago declaring that Utah's law, defining marriage as between a man and a woman, was unconstitutional.In the latest of a series of rulings that supported gay unions, the tenth circuit court of appeals issued a 2-1 decision two weeks ago declaring that Utah's law, defining marriage as between a man and a woman, was unconstitutional.
The decision upheld a lower court decision from December, and was hailed by same-sex marriage activists as part of a high-profile march toward marriage equality in the US.The decision upheld a lower court decision from December, and was hailed by same-sex marriage activists as part of a high-profile march toward marriage equality in the US.
The justices declined to make a definitive ruling on same-sex marriage last summer when they considered two landmark gay rights cases, leaving the lower courts to interpret their decisions on a state-by-state basis. The decision to petition the US supreme court to hear the case, called a certiorari, is an unusual one. By petitioning the supreme court, Reyes circumvents an en banc review, where all tenth circuit court judges would review the June decision.
Since then, gay marriage bans have been struck down in a number of states, relying on the supreme court's decision to declare the federal Defense of Marriage Act (Doma) unconstitutional.
In a statement on Wednesday, the state of Utah said it would decline its option to appeal to the full bench of the tenth circuit, and petition the supreme court directly instead. "Attorney general [Sean] Reyes has a sworn duty to defend the laws of our state," said Missy Larsen, chief communications director for Reyes' office. "Utah’s constitutional amendment three is presumed to be constitutional unless the highest court deems otherwise," said the statement.
The decision to petition the US supreme court to hear the case, called a certiorari, is an unusual one. By petitioning the supreme court, Reyes circumvents an en banc review, where all 10th circuit court judges would review the June decision.
If the supreme court elects to hear the case, a decision on Utah's same-sex marriage ban could be issued as early as next year. However, since the attorney general opted to circumvent an en banc review, the high court could very well kick the case back to the appellate level.If the supreme court elects to hear the case, a decision on Utah's same-sex marriage ban could be issued as early as next year. However, since the attorney general opted to circumvent an en banc review, the high court could very well kick the case back to the appellate level.
"The thing for the court is, deciding this for Utah really means deciding this for the whole country," said Melissa Murray, a former clerk US supreme court clerk and law professor at UC Berkley."The thing for the court is, deciding this for Utah really means deciding this for the whole country," said Melissa Murray, a former clerk US supreme court clerk and law professor at UC Berkley.
The supreme court issued two relatively narrow rulings on same-sex marriage in June 2013, Hollingsworth v Perry, better known as the challenge to California's Proposition 8 same-sex marriage ban, and United States v Windsor, the case against Doma.The supreme court issued two relatively narrow rulings on same-sex marriage in June 2013, Hollingsworth v Perry, better known as the challenge to California's Proposition 8 same-sex marriage ban, and United States v Windsor, the case against Doma.
In Hollingsworth, the supreme court ruled that petitioners did not have legal standing to appeal a 9th circuit court decision overturning California's same-sex marriage ban. In Hollingsworth, the supreme court ruled that petitioners did not have legal standing to appeal a ninth circuit court decision overturning California's same-sex marriage ban.
In the Windsor decision, justices ruled that the Defense of Marriage Act was unconstitutional because it deprived people of equal liberties, a fifth amendment protection. That case has become widely cited, making appearances in nearly every decision upholding same-sex marriage, including the opinion by the 10th circuit.In the Windsor decision, justices ruled that the Defense of Marriage Act was unconstitutional because it deprived people of equal liberties, a fifth amendment protection. That case has become widely cited, making appearances in nearly every decision upholding same-sex marriage, including the opinion by the 10th circuit.
Judge Carlos Lucero, of the tenth circuit, said in his ruling: "We emphatically agree with the numerous cases decided since Windsor that it is wholly illogical to believe that state recognition of the love and commitment between same-sex couples will alter the most intimate and personal decisions of opposite-sex couples."Judge Carlos Lucero, of the tenth circuit, said in his ruling: "We emphatically agree with the numerous cases decided since Windsor that it is wholly illogical to believe that state recognition of the love and commitment between same-sex couples will alter the most intimate and personal decisions of opposite-sex couples."
The 10th circuit court's ruling on the ban in Utah was the highest court to hear a state ban case since Hollingsworth. Like California's ban, voters in Utah approved the same-sex marriage ban. The tenth circuit court's ruling on the ban in Utah was the highest court to hear a state ban case since Hollingsworth. Like California's ban, voters in Utah approved the same-sex marriage ban.
The Human Rights Campaign says 19 states and the District of Columbia currently recognize same-sex marriage. Thirty-one restrict marriage to a union between a man and a woman or ban same-sex marriage.The Human Rights Campaign says 19 states and the District of Columbia currently recognize same-sex marriage. Thirty-one restrict marriage to a union between a man and a woman or ban same-sex marriage.
Some expect the next appeals court decision to come from the fourth circuit court in Virginia.Some expect the next appeals court decision to come from the fourth circuit court in Virginia.