Smart. Sharp. Funny. Fearless.
Monday, October 24, 2016

Gay marriage bans in Indiana and Utah were each ruled unconstitutional on Wednesday, in the two latest victories for the rapidly advancing marriage equality movement.

U.S. District Judge Richard Young struck down Indiana’s ban on Wednesday afternoon, declaring that it violates the Constitution’s equal protection clause.

“The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue,” Young wrote. “In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions — laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love.”

Young did not apply a stay to the ruling, meaning that Indiana couples can begin getting married immediately.

Less than an hour later, a federal appeals court in Utah ruled 2-1 that the state’s ban is also unconstitutional.

“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,” the decision from the three-judge panel reads. “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 decision, which marks the first time that a federal appeals court has ruled that states must allow same-sex couples to marry, upholds a previous lower court ruling that struck down Utah’s gay-marriage ban. The panel put a hold on the ruling, meaning that Utah couples cannot yet marry, and setting the stage for a likely Supreme Court battle.

The twin rulings are the latest in a growing string of legal victories for marriage equality advocates. Since the Supreme Court struck down the Defense of Marriage Act one year ago, 16 federal judges across the country have ruled in favor of same-sex marriage.

Photo: Guillame Paumier via Flickr

Click here for reuse options!
Copyright 2014 The National Memo
  • Ocho

    It’s about damn time the world started to come to its senses. For as much as conservatives waive the Constitution in everyones face, it’s nice to have the same document be used to nullify their hate.

  • howa4x

    The interesting thing here is that usually conservatives and especially the tea party pride themselves on their knowledge of the constitution. So why didn’t they realize right away that a ban on same sex marriage was unconstitutional and violated the equal protection clause? Ted Olson who co-led the federal case because he as a conservative, realized that. So the next time you see a Ted Cruz railing about same sex marriage remind him about that. He is supposed to be a constitutional scholar.
    The truth is that conservatives violated the main philosophy of the framers of that document, who realize that the influence of religion in government was a threat to democracy. So the very group that yells the loudest about the sanctity of the constitution is the 1st group to consistently violate its foundation by denying rights to others.

  • charles king

    I think society has start doing some (Critical Thinking) and I think the People has become smarter by getting married instead of livin like out-laws. I was born in Johnstown, Pennsylvania (1930) and back then I heard that Blacks And Whites did not married because it was outlawed but they still made babies. The Laws in The South forbidded Black and White to get married so everybody went to Delaware and got married. Too each their own and everybody lived happy ever after.Thank You are the magic words in mt book. I love Ya All. Mr. C. E. KING