A Possible Supreme Court Twist in Utah’s Marriage Case

By William C. Duncan   Last week, Utah asked the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the 10th Circuit that Utah’s marriage amendment (approved by the Legislature and two-thirds of voters in 2004) is unconstitutional because the 14th Amendment (ratified in 1868) requires all states to redefine marriage to include same-sex couples. The plaintiffs in the lawsuit plan to support the request. If all goes as intended, the Supreme Court would consider the request (and similar ones from Oklahoma and Virginia) at the…