Date: Luni, 2014-04-14, 9:25 AM | Message # 1
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They seek to override gay marriage bans at the state or federal level.But this will be the first time a federal appellate court will weigh the constitutional merits of a state s ban on same-sex marriage.And since the 10th Circuit Court has jurisdiction over Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming, the ruling could have implications beyond Utah.Evan Wolfson is president of Freedom to Marry, a group that is campaigning for marriage equality nationwide. He said the court s decision will effectively be the law of the land for the six states in the 10th Circuit. It does depend on how the court actually rules and whether it is a broad or a narrow and more specific ruling, he said. But assuming that the court, for example, affirms the lower court ruling (that overturned Utah s ban), then that would apply to the 10th Circuit generally. But Wolfson said the appeals court s ruling could be put on hold if it is appealed again. There are so many twists in the road ahead, he said. But that seems to be the likely scenario. If that occurs, Kitchen V. Herbert could become a prime candidate for the U.S. Supreme Court to select in order to make a sweeping ruling that could affect the entire country, Wolfson said.Another possibility is a similar case originating in Oklahoma that also will come before the U.S. 10th Circuit Court of Appeals later this month.Wolfson said there are still a lot of unknowns. But he added that it is possible that the Supreme Court could pick one of these cases and potentially make a ruling as early as next year. It has always been about getting to the Supreme Court and winning there, he said. Because the courts are what will ultimately bring our country to a natural resolution. Jeran Artery is executive director of Wyoming Equality, a statewide group that has been leading the charge to allow gay marriage here.Artery said the U.S. Supreme Court needs to finish what it started after it ruled unconstitutional the federal law that defined marriage as only between a man and woman in last year s U.S. v. Windsor decision. We are watching closely our friends in neighboring states and cheering them on, Artery said. Because there is no doubt this (issue) will get to the Supreme Court. It is just a matter of when. Wyoming has its own challenge to its prohibition on same-sex marriage.A group of Wyomingites filed the case, known as Courage v. Wyoming, March 5 in Laramie County District Court.Although the Utah and Oklahoma challenges are further along in the legal process, Artery said this lawsuit and others elsewhere are still important. 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