Utah to appeal marriage ruling straight to Supreme Court
The Utah attorney general plans to appeal a ruling striking down the state’s gay marriage ban straight to the Supreme Court.
The attorney general’s office in the state on Wednesday said it would forgo an appeal from the entire 10th Circuit Court and will instead petition the high court “in the coming weeks.”
“Utah’s Constitutional Amendment 3 is presumed to be constitutional unless the highest court deems otherwise,” according to the office.
{mosads}The Attorney General Sean Reyes had already signaled that he would file an appeal with the Supreme Court after a three-judge panel last month agreed with a lower court that Utah’s ban was unconstitutional.
However, the office had an option to appeal to the entire circuit court, an avenue it closed Wednesday.
The 10th circuit ruling last month was the first appeals court decision that found a state’s ban unconstitutional. The 2-1 ruling was stayed in order to give the state time to appeal.
A number of other state bans have been struck down around the country but stayed while they make their way through appeals courts. A total of 19 states and the District of Columbia allow same-sex marriage.
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