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Same panel of judges to hear appeals of Utah, Okla., gay marriage rulings

Tuesday, January 28, 2014

DENVER — Appeals of same-sex marriage rulings from Utah and Oklahoma will be heard by the same panel of federal judges.

The Byron White U.S. Courthouse in Denver, the seat of the U.S. Court of Appeals for the 10th Circuit.

The Byron White U.S. Courthouse in Denver, the seat of the U.S. Court of Appeals for the 10th Circuit.

The Denver-based 10th U.S. Circuit Court of Appeals issued an order Tuesday saying the briefing and hearings will remain separate in the two cases.

Federal judges in both states recently overturned same-sex marriage bans passed by voters in 2004.

Both cases are on expedited schedules. A decision on Utah’s ruling is expected in a few months.

More than 1,000 gay couples married in Utah after a judge overturned the state’s ban in late December. The U.S. Supreme Court halted the weddings on Jan. 6 when it granted the state an emergency stay.

In Oklahoma, there were no weddings because a judge granted a stay at the same time he issued the ruling.

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Filed under: Oklahoma, Utah

10 more reader comments:

  1. Things are about to get interesting.

    Posted on Tuesday, January 28, 2014 at 11:46pm
  2. I’m afraid to get my hopes up..

    Posted on Tuesday, January 28, 2014 at 11:50pm
  3. Well good, maybe things can be consistent.

    Posted on Tuesday, January 28, 2014 at 11:53pm
  4. Since the Ninth Circuit ruled sexual orientation warrants heightened scrutiny, the court must apply the heightened scrutiny test when they hear these cases. No ban can survive under heightened scrutiny.

    Posted on Tuesday, January 28, 2014 at 11:55pm
  5. Unfortunately the 10th Circuit is not bound to follow precedent from the 9th Circuit Court of Appeals, so they aren't required to use heightened scrutiny. That doesn't mean they can't draw inspiration from the 9th Circuit's opinion, and at least the DOMA case is binding :)

    Replied on Wednesday, January 29, 2014 at 1:12am
  6. The cool thing will be anything of the 9th Circuit's decisions that are referenced will mean an agreement between two circuit courts. And, actually, that is what we need right now. I think the 1st and 2nd Circuit courts are moot since all of their states have SSM laws that remain unchallenged. So, more decisions from any of the rest in our favor will mean less work for the SCOTUS: http://www.uscourts.gov/court_locator.aspx

    Replied on Wednesday, January 29, 2014 at 1:30am
  7. This need to be settled on the federal level once and for all…this let the states decide thing is BS

    Posted on Wednesday, January 29, 2014 at 12:15am
  8. This is good news!

    Posted on Wednesday, January 29, 2014 at 5:41am
  9. Let’s hope Obama appoints federal court judges in that circuit fast!

    Posted on Wednesday, January 29, 2014 at 2:50pm
  10. First of all, Rights shouldn’t be a popular vote! Secondly, these anti-gay marriage jerks need to put all this energy in their own marriages, because that my friends will protect the “sanctity” of marriage. The problem today is not that the gay community really needs the approval of others. They just want their same rights as everyone else. And these marriage blockers think we need their approval, We DON’T!!! Seriously, acting just like Westboro Baptist Church! These folks are gonna be laughed at 20 years from now in all the educational textbooks. I will be old, and I will laugh at them!

    Posted on Wednesday, January 29, 2014 at 3:08pm