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Federal Court Appears Divided on Same-Sex Marriage
Posted at 11:21 a.m. on April 11
“The push for same-sex marriage, which has celebrated victory after victory in courtrooms across the country, entered an uncertain stage on Thursday as a federal appeals court appeared divided about whether the socially conservative state of Utah could limit marriage to a man and a woman,” the New York Times reports.
“In an hour of arguments inside a packed courtroom, three judges from the Federal Court of Appeals for the 10th Circuit sparred with lawyers about how such bans affected the children of same-sex parents and whether preventing gay couples from marrying actually did anything to promote or strengthen heterosexual unions and families.”
“The three judges — two appointed by Republican presidents and one by a Democrat — focused on fine-grained issues, like what level of judicial scrutiny to apply to the case, as well as more profound questions of how to define a marriage and whether state bans on same-sex nuptials were akin to those against polygamy, or instead fundamentally violated the constitutional rights of same-sex couples.”