An Insider’s Look at the10th Circuit Kitchen v. Herbert Ruling

Yesterday, the Tenth Circuit upheld Judge Shelby’s decision and ruled that Utah’s marriage bans are unconstitutional.  In so holding, the court ruled that marriage is a fundamental right and that any deprivation of this right is subject to strict scrutiny.  Since this is the first circuit court decision on the issue since Windsor, the opinion provides an especially instructive interpretation of that case, as well as a potential framework for future circuit-level decisions on the issue consistent with Supreme Court precedent.