All eyes on appellate court after Utah gay-marriage ruling

Utah is the most politically conservative state yet to see the advent of gay marriage within its borders. The “purple” states of Iowa and Maine both allow same-sex couples the full rights of matrimony, and New Jersey, where Republican Chris Christie was just overwhelmingly reelected governor, was required by its high court to end its ban as of Oct. 21. The other 14 states (plus the District of Columbia) where gay marriage is legal are part of “blue” America – a sign of the stark political divide on the gay marriage issue.

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It’s already clear that Utah officials will not surrender the state’s same-sex marriage ban without a fight. The ban, in the form of a state constitutional amendment, was approved in 2004 by two-thirds of Utah voters – and Gov. Gary Herbert (R) in a statement on Friday expressed his disappointment that “an activist federal judge is attempting to override the will of the people of Utah.”

The 10th Circuit Court, which will ultimately hear the state’s appeal to Judge Shelby’s ruling, currently has 10 active judges – five nominated by Republican presidents and five by Democratic presidents, including Chief Justice Mary Beck Briscoe. It also has 10 senior judges who take lighter caseloads – six appointed by Republicans and four by Democrats.

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