Judge strikes down Utah same-sex marriage ban - USA TODAY

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Brady McCombs, Associated Press 4:27 p.m. EST December 20, 2013
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Attorney Peggy Tomsic speaks with the media outside the Frank E. Moss United States Courthouse on Dec. 4, 2013, in Salt Lake City. Tomsic is the attorney for three gay couples that challenged Utah's same-sex marriage ban.(Photo: Rick Bowmer, AP)
[h=3]Story Highlights[/h]
  • Judge says state failed to show that allowing same-sex marriages would affect opposite-sex marriages
  • Lawsuit was brought by three gay and lesbian couples in Utah
  • Many similar court challenges are pending in other states

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SALT LAKE CITY (AP) — A federal judge has struck down Utah's same-sex marriage ban, saying it is unconstitutional.
U.S. District Judge Robert J. Shelby issued a 53-page ruling Friday saying Utah's law passed by voters in 2004 violates gay and lesbian couples' rights to due process and equal protection under the 14th Amendment.
Shelby says the state failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way, and the state's unsupported fears and speculations are insufficient to justify deny allowing same-sex marriages.
Attorneys for the state argued that Utah's law promotes the state's interest in "responsible procreation" and the "optimal mode of child-rearing."
The lawsuit was brought by three gay and lesbian couples in Utah.
Many similar court challenges are pending in other states, but Utah's has been closely watched because of the state's history of staunch opposition to gay marriage as the home of The Church of Jesus Christ of Latter-day Saints.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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