2 More Courts Find Gay Marriage Bans Unconstitutional

Same-sex marriage's post-DOMA winning streak continues
By Newser Editors and Wire Services
Posted Jun 25, 2014 11:59 AM CDT
2 More Courts Find Gay Marriage Bans Unconstitutional
A group of Boy Scouts march during the Salt Lake City’s annual gay pride parade Sunday, June 8, 2014, in Salt Lake City.   (AP Photo/Rick Bowmer)

Same-sex marriage continued its remarkable legal winning streak today, as a federal appeals court affirmed that Utah's ban was unconstitutional, and a separate court said the same of Indiana's ban. The Utah decision is the first such ruling from a federal appeals court, according to the AP. "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," the Denver-based three-judge panel said, upholding a lower court ruling. But the panel immediately put the ruling on hold so it could be appealed, either to the entire 10th US Circuit Court of Appeals or directly to the nation's highest court.

US District Judge Richard Young said much the same thing in the Indiana case. "These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street," he said. "The Constitution demands that we treat them as such." The clerk in Marion County, home to Indianapolis, says the office will start issuing marriage licenses immediately. Same-sex marriage is on a remarkable legal winning streak, with more than a dozen wins since the Supreme Court struck down the Defense of Marriage act, including some that have come since we wrote this in February. (More same-sex marriage stories.)

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