Skip to comments.Appeals Court: States Can't Ban Gay Marriage
Posted on 06/25/2014 3:48:01 PM PDT by marshmallow
DENVER (AP) - A federal appeals court ruled for the first time Wednesday that states cannot prevent gay couples from getting married, 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.
"It is wholly illogical to believe that state recognition of love and commitment of same-sex couples will alter the most intimate and personal decisions of opposite-sex couples," the judges wrote, addressing arguments that the ruling could 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 the decision 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.
After the ruling, the couples named in the appeal hugged, cried and exchanged kisses at a news conference outside their attorney's offices in downtown Salt Lake City.
"This decision is an absolute victory for fairness and equality for all families in Utah, in every state in the 10th Circuit and every state in this great nation of the United States," said their attorney, Peggy Tomsic.
Plaintiff Derek Kitchen said he and his partner, Moudi Sbeity, are "so proud to be a part of.........
(Excerpt) Read more at abc-7.com ...
not recognizing something is not the same as a ban
Another judge demonstrating the need to impeach these idiots.
States should just refuse to recognize it, that wouldn’t be a ban. It would just be saying it doesn’t exist.
To be the devils advocate I agree, but NO STATE is required to perform ANY MARRIAGE. With that these States should Just BAN MARRIAGE at the State Level and leave it up to Churches...
Where is the “fundamental right to marry” in the U.S. Constitution. I know where the “right keep and bear arms” is.
“fundamental right to marry
It’s right in the Constitution in the next paragraph after the right to abortion.
So you agree with the leftist homo radicals then:
destroy the traditional institution of marriage
“Leave it up to the churches”.... then gay marriage would be happening all over the place and the law will force us to recognize it as legal anyway and business owners would still be sued out of existence and all that....
surrender doesn’t work
And they babble about that being a "fundamental right" to, even though it's been considered a heinous crime for thousands of years
Absolutely. It's right up there with your fundamental right to murder your baby and your fundamental right to commit sodomy.
It is wholly illogical to believe that state recognition of love and commitment of same-sex couples will alter the most intimate and personal decisions of opposite-sex couples,” the judges wrote, addressing arguments that the ruling could undermine traditional marriage.
Not true. Countries which legalized homo marriage saw a steep decline in traditional marriage.
Federal judges rule states - more power than the governor’s ...
with the separation of church and state... someone explain to me how fedgov can order churches to go against their doctrine?
Civil Unions between homosexual couples are not recognized as marriage under the eyes of god.
They want to make fools of themselves, let them. Frankly I just laugh and ask how the civil union is working out. Went through this with my friend’s brother a couple of weeks back.
I asked him how was the civil union working out. He gets all snarky and says he is married. So I asked him what church he get married in. He calls me a homophobe. I said that’s a vast improvement from all the times he called me a racist.
I dont agree in any way but the Feds dont do Marriage, My first inclination is to tell the Inferior Court to go pound sand, and arrest the Judge for subverting the rights of a FREE STATE, while citing the US Constitution where it says “ In All Cases where a State is a party to the action, the Supreme Court SHALL have original jurisdiction.” But marriage is and always has been a State Issue, The State could ELIMINATE MARRIAGE altogether and any and all laws associated with it. And then they don’t have to recognize ANY marriage. No Benefit, No big deal.
I agree surrender is not an option, but since Congress refuses to do it’s job, the States will have to call their bluff and then punch them right in the nose and force them from society. Hell name the law Eliminating marriage after the JUDGE.
Evidence is completely irrelevant to these people, including evidence of the great harm to children that is sure to come from this madness.