COURT RULINGS
States where courts have struck down laws or constitutional amendments banning same-sex marriage:
Massachusetts (2004)
Connecticut (2008)
Iowa (2009)
New Mexico (2013)
Utah (2013)*
Oklahoma (2014)*
Virginia (2014)*
Texas (2014)*
Michigan (2014)*
Arkansas (2014)*
Idaho (2014)*
Oregon (2014)
Pennsylvania (2014)
Wisconsin (2014)*
Indiana (2014)
* On hold pending appeal
A federal appeals court ruled for the first time Wednesday that gay couples have a constitutional right to marry, extending the movement’s legal winning streak and bringing the issue a big step closer to the U.S. Supreme Court.
The three-judge panel in Denver ruled 2-1 that states cannot deprive people of the fundamental right to marry simply because they choose a partner of the same sex.
The court dismissed as “wholly illogical” the notion that allowing gays to wed could somehow undermine traditional marriage.
The decision by the 10th U.S. Circuit Court of Appeals panel upheld a lower-court ruling that struck down Utah’s gay marriage ban. It becomes law in the six states covered by the 10th Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.
But the panel immediately put the ruling on hold pending an appeal.
The Utah attorney general’s office planned to appeal, but it was assessing whether to go directly to the U.S. Supreme Court or ask the entire 10th Circuit to review the ruling, spokeswoman Missy Larsen said.
Wednesday’s decision “takes us one step closer to reaching certainty and finality,” the office said in a statement.
In his dissent, Justice Paul J. Kelly Jr. said the 10th Circuit overstepped its authority and that states should be able to decide who can marry.
“We should resist the temptation to become philosopher-kings, imposing our views under the guise of the 14th Amendment,” Kelly wrote.
Opponents criticized the latest decision.
“While judges can, by judicial fiat, declare same-sex ‘marriage’ legal, they will never be able to make it right,” said Tony Perkins, president of the Family Research Council. “The courts, for all their power, can’t overturn natural law.”
The decision gives increased momentum to a legal cause that already has compiled an impressive record in the lower courts after the Supreme Court last year struck down the federal Defense of Marriage Act. Since then, 16 federal and state judges have issued rulings siding with gay marriage advocates.
The latest of those rulings was in Indiana, where a federal judge threw out that state’s same-sex marriage ban Wednesday in a decision that immediately allows gay couples to wed. The Indiana and Utah rulings came just one day ahead of the anniversary of the landmark Supreme Court decision striking down part of a federal anti-gay marriage law.
The Utah ruling was especially significant because it was the first appellate court to conclude that last year’s Supreme Court decision means states cannot deny gays the ability to marry.
In 2012, an appellate court struck down California’s gay marriage ban but said it was only ruling on that law, not the broader constitutional questions. There were no such caveats in Wednesday’s 65-page decision.
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