10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United States Constitution requires states to allow same-sex couples to get married.

Judge Carlos Lucero wrote the Court’s opinion, and Judge Paul Kelly wrote an opinion concurring in the Court’s conclusion that the plaintiffs have standing, but dissenting from the holding that the Fourteenth Amendment requires states to allow same-sex marriages. I haven’t had time to read through these opinions, but hope to soon.

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