The 10th Circuit Court of Appeals in Denver ruled Wednesday morning that a lower court’s ruling striking down Utah’s constitutional ban on same-sex marriage stands.
In their ruling, a three-judge panel cited the 14th Amendment to the Constitution in their decision to affirm the lower court’s decision.
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?
Having heard and carefully considered the argument of the litigants, we conclude that, consistent with the United States Constitution, the State of Utah may not do so. We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.