The U.S. Court of Appeals for the 10th Circuit has upheld the December 2013 U.S. District Court for Utah ruling in Kitchen v. Herbert striking down that state’s same-sex marriage ban as unconstitutional, in a 2-1 decision written by Judge Carlos Lucero. The Salt Lake Tribune reports, 10th Circuit Court upholds same-sex marriage:
A federal appeals court on Wednesday ruled that states outlawing same-sex marriage are in violation of the U.S. Constitution.
By upholding a Utah judge’s decision, a three-member panel of the 10th Circuit Court of Appeals in Denver became the first appeals court in the nation to rule on the issue, setting a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process.
But the court immediately stayed the implementation of its decision, pending an anticipated appeal to the U.S. Supreme Court.
Utah attorney general’s office said Wednesday it will initiate that appeal.


