Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
August 22, 2014

Federal Court Appears Divided on Same-Sex Marriage

“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.”

  • Cedric

    It sucks that two GOP appointed judges made the panel. But if they do rule in favor of same sex marriage rights then that sends a powerful message about where this issue likely ends up.

    • Nick Scanlan

      Its not the end of the world. Many of the judges that have ruled in favor of gay marriage so far have been conservative appointees.

    • Rhysem

      And regardless of the outcome, this will get appealed to the full circuit, anyway.

    • teapartyidiots

      I think the 10th upholds the lower court. Eventually, the Texas case will make it to the 5th, they’ll uphold bigotry, and SCOTUS will have to step in.

    • darthgidget

      yes, it would have been much better if three democrat appointed black judges made the decision- because blacks are by far and wide the most vocal opponents of gay marriage. just saying- not a republican or democrat issue. but a judicial one.

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