Main | Friday, December 20, 2013

BREAKING: Federal District Judge Strikes Down Utah's Ban On Same-Sex Marriage

From the Salt Lake City Tribune:
A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the law violates the U.S. Constitution’s guarantees of equal protection and due process. "The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason," wrote U.S. District Court Judge Robert J. Shelby. "Accordingly, the court finds that these laws are unconstitutional." Shelby’s ruling came just 16 days after he heard arguments in the case and well before his self-imposed deadline to render a decision by Jan. 7, when the next hearing in the matter was to be held.
NCLR attorney Shannon Minter:
"A federal district court judge in Utah just issued a decision striking down Utah's marriage ban on the grounds that it violates the fundamental right to marry and lacks even a rational basis. This is the first decision since Perry--and the first after Windsor--striking down a marriage ban under the federal constitution. The judge did not stay his decision, so same-sex couples in Utah are applying for marriage licenses now."
I've posted the decision to my Scribd account.

UPDATE: Buzzfeed notes that the judge was appointed to the federal bench by President Obama. From his ruling:
Applying the law as it is required to do, the court holds that Utah’s prohibition on same- sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law. The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.

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