Federal judge strikes down Utah's ban on same-sex marriage

Federal judge strikes down Utah's ban on same-sex marriage

SALT LAKE CITY, Utah (ABC 4 Utah) - A federal judge struck down Utah's Amendment 3 Friday.
"Utah has provided no evidence that opposite-sex marriage will be affected in any way by same-sex marriage."
SALT LAKE CITY, Utah (ABC 4 Utah) - A federal judge struck down Utah's Amendment 3 Friday afternoon.

The United States States District Court for the District of Utah declared that Utah Constitution's Amendment 3 and related Utah state statutes banning same-sex marriages and the recognition of legal same-sex marriages are unconstitutional because they violate the Due Process and Equal Protection  Clauses of the Fourteenth Amendment. 

Judge Robert J. Shelby states in the conclusion of his decision: 

Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition.

Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities.

The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse.

The State of Utah has provided no evidence that opposite-sex marriage will be affected in any way by same-sex marriage. In the absence of such evidence, the State’s unsupported fears and speculations are insufficient to justify the State’s refusal to dignify the family relationships of its gay and lesbian citizens. Moreover, the Constitution protects the Plaintiffs’ fundamental rights, which include the right to marry and the right to have that marriage recognized by their government.

These rights would be meaningless if the Constitution did not also prevent the government from interfering with the intensely personal choices an individual makes when that person decides to make a solemn commitment to another human being.

The Constitution therefore protects the choice of one’s partner for all citizens, regardless of their sexual identity.

The Utah Attorney General's Office released this statement following the ruling:

"The federal district court’s ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit. The state is requesting an emergency stay pending the filing of an appeal. The Attorney General’s Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah."



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