SALT LAKE CITY – The Utah Attorney General’s Office announced Wednesday it will take the fight to preserve Amendment 3, Utah’s same-sex marriage ban, to the U.S. Supreme Court.
The attorney general’s office released a statement Wednesday that it will not seek a review of the case before the full 10th Circuit Court of Appeals. Instead, it will go directly to the Supreme Court in order to challenge the 2-1 ruling made by a panel of federal district judges on June 25 that upheld the original ruling, which struck down Utah’s same-sex marriage ban in December 2013.
According to the statement, the attorney general’s office will filing a petition to the Supreme Court over the matter in the coming weeks so that the state may ultimately “obtain clarity and resolution from the highest court” on the matter.
The June 25 ruling backed the argument that Utah’s same-sex marriage ban violated the 14th Amendment and is, thus, unconstitutional.
“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 judges wrote in the ruling.
Amendment 3 was originally struck down as unconstitutional by federal district Judge Robert Shelby on Dec. 20, 2013. Before a stay was placed on the ruling by the Supreme Court on Jan 6, 2014, more than 1,200 same-sex couples were married in Utah.
Amendment 3 originally became state law in 2004 after passing with a voter majority at the time.
“Attorney General Reyes has a sworn duty to defend the laws of our state,” the statement from the attorney general’s office said.
Since Dec. 20, same-sex marriage bans in other states have also been struck down by federal judges.
- Appeals court shoots down Utah’s same-sex marriage ban
- Update: Same-sex marriage stay granted
- Judge orders Utah to recognize same-sex marriages from 17-day window
- U.S. Supreme Court halts same-sex marriages in Utah
- Utah appeals to U.S. Supreme Court to halt same-sex marriages
- Tenth Circuit denies Utah’s appeal for stay on same-sex marriage ruling
- Marriage licenses issued, weddings had for same-sex couples in Washington County
- Judge denies Utah’s request for emergency stay, same-sex marriage decision
- Federal judge strikes down Utah’s same-sex marriage ban
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