iStockphoto/Thinkstock(DENVER) — The U.S. Court of Appeals for the 10th Circuit declared that Utah’s ban on same-sex marriage is unconstitutional on Wednesday.
The ruling is the first time that an appellate-level court ruled on state marriage bans since the Supreme Court ruling that part of the Defense of Marriage Act was unconstitutional. The Wednesday ruling sets up the possibility of a Supreme Court ruling on state-level laws.
Wednesday’s ruling was stayed pending appeal. Still, John Mejia, legal director of the American Civil Liberties Union of Utah, called Wednesday “a proud day for everybody in the state of Utah, and everybody across the country, who supports marriage equality.”
The precedent applies to all states in the 10th Circuit, including Utah, Wyoming, Colorado, Kansas, Oklahoma and New Mexico.
The Supreme Court will now have the option to deny a writ of certiorari, or to take the case and issue a ruling with national implications for state-level same-sex marriage.
Despite the ruling, the Church of Jesus Christ of Latter-day Saints released a statement saying that it hopes the Supreme Court will “uphold traditional marriage.” Utah Attorney General Sean Reyes said that he planned to appeal to the U.S. Supreme Court. Reyes said he was “pleased that the ruling has been issued and takes us one step closer to reaching certainty and finality for all Utahns on such an important issue.”
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