Tag: same sex marriage

10th Circuit Rules States Cannot Ban Same Sex Marriage

The 10th Circuit Court of Appeals has affirmed a lower court's ruling that Utah's ban on same sex marriage is unconstitutional.

The opinion is here.

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.

This appears to be the first federal appeals court ruling on the constitutional issue since the Supreme Court struck down the Defense of Marriage Act. [More...]

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