Legal News

Utah Voter-Approved Gay Marriage Ban Struck Down in Court
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Film Review 8 The Mormon Proposition

On Wednesday, the United States Court of Appeals for the 10th Circuit in Denver ruled that states are not allowed to deny same-sex couples their ‘fundamental right’ to marry, according to The New York Times. The ruling, by a 2-1 vote, overturns the voter-approved ban in Utah.

Judge Carlos F. Lucero, wrote the majority opinion, which said, “They desire not to redefine the institution but to participate in it.”

  
What
Where


Judge Jerome A. Holmes also voted to strike down the ban while Judge Paul J. Kelly Jr., dissented on the vote.

The ruling was immediately stayed by the judges and Sean Reyes, the Utah attorney general, said his office would appeal the case.

“To claim that marriage, by definition, excludes certain couples is simply to insist that those couples may not marry because they have historically been denied the right to do so,” the judges wrote, according to The New York Times. “One might just as easily have argued that interracial couples are by definition excluded from the institution of marriage.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The judges said that the issue is now in full bloom.

“May a state of the union constitutionally 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 judges wrote. “The State of Utah may not do so.”



In another same-sex marriage case, this one in Indiana, a federal judge ruled that the state’s ban was a violation of the United States Constitution. Richard L. Young issued the ruling as the chief judge of the Federal District Court of the Southern District of Indiana.

“In less than a year, every Federal District Court to consider the issue has reached the same conclusion in thoughtful and thorough opinions — laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional,” Judge Young wrote. “It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love. In time, Americans will look at the marriage of couples such as plaintiffs, and refer to it simply as a marriage — not a same-sex marriage.”

The Indiana attorney general has filed a notice of appeal and asked for an emergency motion for a stay of the ruling.



 

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Complex Litigation Attorney with 3-5 years of arbitration experience

USA-FL-Miami

Miami office of our client seeks complex litigation attorney with 3-5 years of law firm experience i...

Apply Now

Senior Business & Commercial Litigation Attorney

USA-CA-Irvine

Irvine office is seeking a business and commercial litigation attorney with 5+ years of experience. ...

Apply Now

Commercial Litigation Attorney with 1-3 years of experience

USA-TX-Dallas

Dallas office of our client seeks litigation attorney with 1-3 years of experience. The candidate wi...

Apply Now

Labor and Employment Attorney with 3-4 years of litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks labor and employment attorney with 3-4 years of litigation ex...

Apply Now

RELEVANT JOBS

Legal Assistant- Bilingual

USA-NV-Las Vegas

Prestigious personal injury firm seeks superstar BILINGUAL legal assistant! Candidate MUST have...

Apply now

Paralegal

USA-AL-Montgomery

Overview The Southern Poverty Law Center is dedicated to fighting hate and bigotry and to seeking...

Apply now

Paralegal / Case Manager

USA-CA-Los Angeles

Paralegal / Case Manager The candidate will be responsible for interacting with clients to collect &...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top