Will Utah be ground zero for nationwide gay marriage?
posted at 8:41 pm on July 9, 2014 by Noah Rothman
On Wednesday, the state of Utah appealed a June 25 10th Circuit Court of Appeals ruling which invalidated that state’s ban on gay marriage to the United States Supreme Court. If the court accepts the case, some legal experts say, it could lead to the legalization of same-sex marriage across all 50 states.
“Last month’s decision by the 10th Circuit was the first time a regional appeals court has made such a ruling in the year since the Supreme Court ordered the federal government to extend benefits to legally married same-sex couples,” a Reuters report read.
“Legal experts say the Supreme Court is likely to accept the case,” Talking Points Memo’s Sahil Kapur reported. “With lawsuits piling up, and gay marriage on an undefeated legal streak since the Court axed the Defense of Marriage Act in 2013, the justices may plausibly hear the case in next term and decide it by June 2015.”
Since the nation’s highest court ruled on U.S. v. Windsor, a number of state-level bans on same-sex marriage have been overturned on constitutional grounds. Some legal scholars predict that, if the Court takes up Utah’s ban, it could go a step further and effectively legalize gay marriage from the bench.
“I also predict that the five justices in the majority in Windsor will be the majority to declare unconstitutional laws that deny marriage equality to gays and lesbians,” Dean of the University of California, Irvine Law School, Erwin Chemerinsky, told Kapur.
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