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Federal court rules against Utah gay marriage ban

Peggy Tomsic, left, attorney for Moudi Sbeity and Derek Kitchen, Kate Call, and Laurie Wood and Kody Partridge, five of the six people who brought the lawsuit against the Utah’s gay marriage ban, speaks during a news conference in Salt Lake City on Wednesday. (Associated Press)
Michael Muskal Los Angeles Times

Gay marriage advocates won a significant court victory Wednesday when a federal appeals court upheld a lower court ruling in Utah that struck down the state’s ban on same-sex marriages.

The 2-1 ruling by a panel of the Denver-based 10th Circuit Court of Appeals marks the first time a federal appellate court has upheld same-sex marriage. One year ago, on June 26, 2013, the U.S. Supreme Court struck down portions of the federal Defense of Marriage Act, a landmark ruling that extended federal benefits to gays – though the Supreme Court stopped short of ruling that same-sex marriage was a constitutionally protected right.

The Utah decision comes after a string of more than a dozen victories for advocates of gay marriage, including one in Indiana on Wednesday. The Utah ruling was stayed, meaning that gay marriages won’t take place while the case is on appeal. But the ruling carries importance because it occurred in a conservative state. Although not binding on other federal appellate courts, the decision is likely to be a factor in future decisions elsewhere, experts said.

“This is a victory for humanity!” a grinning Kate Call, one of the plaintiffs in the case, said at a news conference in Salt Lake City. Another plaintiff, Derek Kitchen, said, “I don’t think Utah can deny same-sex couples their right (to marry) for much longer.”

“This is the most significant victory in the history of the gay rights movement,” said Clifford Rosky, a law professor at the University of Utah, who has closely followed the issue and is board chairman of Equality Utah, a gay rights group. “A federal appeals court has recognized that same-sex couples enjoy the same freedoms as all Americans – the freedoms to marry, establish a family and raise children together. This is a victory not only for the 1,300 same-sex couples who are married in Utah, but for all gay Americans.”

Utah will continue the fight to uphold its ban on same-sex marriages all the way to the Supreme Court, state officials said hours after the ruling was released.

“I’m disappointed because I believe states do have a right, through the democratic process, to define marriage,” Gov. Gary Herbert said at a news conference. However, he added that the ruling was good news because it took the issue a step closer to being resolved by the Supreme Court, which would “bring some finality to this, which is what all people, on all sides of the issue should want – which is what I want.”

Technically, the state can appeal to the full appeals court, then, if needed, seek permission to argue before the Supreme Court. Given the flurry of rulings around the country and pending cases on appeal from Oklahoma and Virginia, most people expect the Supreme Court will choose to weigh in.

Meanwhile, same-sex marriages began in Indiana on Wednesday after a federal judge struck down the state’s ban on them, saying it violated the U.S. Constitution’s equal-protection clause. U.S. District Judge Richard Young’s ruling did not have a stay on it and couples began marrying immediately.

The Indiana attorney general’s office said it would ask for a stay while it appealed the ruling to a higher court.