Kitchen Sink: The Ultimate Fate of Utah’s Amendment 3

With the 10th Circuit invalidating Utah’s Amendment 3 forbidding gay marriage in Herbert v. Kitchen, Utah has two options: let it go or keep fighting. Ultimately, while it may be more politically impactful to fight the 10th Circuit’s ruling, the result will be the same: gay marriage will be legal and lawful throughout the United States. This is a battle that was lost in 2003, the moment the Supreme Court invalidated Texas’ anti-sodomy laws with Lawrence v. Texas.

Uninequality: 10th Circuit Ruling on Same Sex Marriage

The 10th Circuit has sustained the Federal District Court’s overturning of Utah’s same-sex marriage ban.  Here’s a link to the court’s written opinion. In the Court’s words: We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.

Analysis of 10th Circuit’s Radical Ruling on Marriage Amendment

Editor’s note: Utah is now at the heart of the debate over same-sex marriage. The state’s Amendment 3, which defines marriage as between a man and a woman, was challenged in court as unconstitutional and was subsequently struck down by a federal judge in 2013. Utah appealed that verdict. On Wednesday the U.S. Court of Appeals for the 10th Circuit ruled against Utah, 2-1. If this case is appealed to the Supreme Court, which appears likely, the court’s decision may decide the future of marriage for decades – for the…

5 Thoughts on the Kitchen v. Herbert Argument

For those who somehow didn’t hear, yesterday was the oral argument in the Kitchen v. Herbert appeal at the Tenth Circuit Court of Appeals in Denver. Since there are few things I enjoy doing more than listening to a well-argued appeal, I listened to the arguments online yesterday afternoon and have a few thoughts that I thought I would throw out there for anyone who’s interested.  If you’re inclined to listen to the argument yourself, you can find an MP3 here. (1) The State of Utah and the Plaintiffs are…