Federal Appeals Court: Utah Must Allow Gay Marriage


A federal appeals court in Denver ruled Wednesday that states must allow gay couples to marry, supporting a lower court ruling striking down Utah's gay marriage ban.

The three-judge 10th U.S. Circuit Court of Appeals voted 2 to 1 that states cannot stop same-sex marriages. It's the first time a federal judge has argued against same-sex marriage.

Justice Paul J. Kelly, Jr. warned in his dissention statement that his colleagues are overreaching in striking down Utah's voter-approved gay marriage ban.

The judges said they don't want to brand those who oppose gay marriage as intolerant, but said there is no reasonable objection to the practice.

"It is wholly illogical to believe that state recognition of love and commitment of same-sex couples will alter the most intimate and personal decisions of opposite-sex couples," they wrote.

Sixteen federal judges have issued rulings siding with gay marriage since the Supreme Court struck down the Defense of Marriage Act last year.

In Indiana, another federal court ruled in favor of gay marriage on Wednesday.

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