Politics

Update: Utah to appeal gay marriage case to Supreme Court

The ruling puts a remarkable legal winning streak across the country one step closer to the U.S. Supreme Court.
The ruling puts a remarkable legal winning streak across the country one step closer to the U.S. Supreme Court.
Gabriel Bouys/AFP/Getty Images

11:50 a.m.: Utah's attorney general plans to appeal to the U.S. Supreme Court a ruling Wednesday that found states must allow gay couples to marry.

Republican Sean Reyes' office said in a statement Wednesday it will file a petition to have the country's highest court review the decision by a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver.

The office also left open the possibility of requesting a review from the full panel of judges at the 10th Circuit.

The attorney general's office says even though the 10th Circuit ruling went against Utah, the state is pleased that it moves the important issue one step closer to the Supreme Court.

Earlier: Courts struck down bans on same-sex marriages in two different states on Wednesday.

In Utah, a federal appeals court ruled for the first time that states must allow gay couples to marry, finding the Constitution protects same-sex relationships and putting a remarkable legal winning streak across the country one step closer to the U.S. Supreme Court. The decision upheld a lower court ruling that struck down Utah's gay marriage ban. 

In Indiana, U.S. District Judge Richard Young on Wednesday struck down that state's same-sex marriage ban in a ruling that immediately allows gay couples to wed.

Utah

The three-judge panel in Denver found it "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."

However, the 10th U.S. Circuit Court of Appeals panel immediately put Wednesday's ruling on hold so it could be appealed, either to the entire 10th Circuit or directly to the nation's highest court.

"All I can say is that we are thrilled," said Kody Partridge, one of the Utah plaintiffs. She was working in the garden with her wife, Laurie Wood, when they heard about the ruling.

"This is such as historic thing, not just for Utah but for Laurie and me" and plaintiffs across the country, Partridge said. "This is a big day."

The decision gives increased momentum to a legal cause that already compiled an impressive winning streak in the lower courts after the Supreme Court last year struck down the federal Defense of Marriage Act. Since then, 16 federal judges have issued rulings siding with gay marriage advocates.

Indiana

The latest of those rulings was in Indiana. That ruling involves lawsuits filed by several gay couples, who along with the state had asked for a summary judgment in the case. 

The clerk in Marion County, home to Indianapolis, says the office will start issuing marriage licenses immediately.

The Indiana attorney general's office said it would appeal the ruling but declined further comment.

"Indiana now joins the momentum for nationwide marriage equality and Hoosiers can now proclaim they are on the right side of history," Lambda Legal, the national gay rights group that represented five of the couples, said in a statement Wednesday.

A movement to add a gay marriage ban to the Indiana constitution faltered during this legislative session when lawmakers removed language about civil unions from the amendment. That means the soonest the issue could appear on a ballot is 2016, unless federal court rulings scuttle the proposed amendment.

And on to the Supreme Court?

Two of the most striking lower court rulings were in the conservative states of Utah and Oklahoma, which saw their voter-approved gay marriage bans overturned in December and January, respectively. In Utah, more than 1,000 same-sex couples wed before the Supreme Court issued a stay.

The 10th Circuit panel considered both cases. It did not rule on the Oklahoma ban.

Though the Utah and Oklahoma cases have been closely watched, it is unclear whether they will be the first to reach the Supreme Court. The high court could choose from cases moving through five other federal appellate courts, and wouldn't consider a case until next year at the earliest.

Attorneys representing Utah and Oklahoma argued voters have the right to define marriage in their states. Gay rights lawyers countered that they cannot do so in a way that deprives gay people of their fundamental rights.

The appellate ruling comes 42 years after the Supreme Court refused to hear a case of two men who were refused a marriage license in Minnesota, finding there was no legal issue for the justices to consider, and just 10 years after 11 states voted to outlaw gay marriage.

Now same-sex marriage is legal in 19 states and the District of Columbia. Recent polls show a majority of Americans support it.

DOCUMENT: 10th Circuit panel's ruling on gay marriage in Utah