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Utah filing: Gay-marriage ruling a ‘judicial wrecking ball’
Courts » Decision to end ban on same-sex unions undermines state sovereignty, attorneys argue.

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Same-sex couples, who cannot naturally (much less unintentionally) procreate, do not promote the state’s interests in channeling procreation, at least not in the same way or to the same degree," the state’s attorneys said.

The state said claims by the plaintiffs and groups supporting them — which include the American Sociological Association and the American Psychological Association — that there is no difference in parenting quality, are irrelevant or wrong.

At a glance

What happens next

The three-judge panel from the 10th Circuit Court that will hear appeals from the states of Utah and Oklahoma will be randomly selected around April 1. Oral arguments in the Utah appeal are set for April 10 in Denver. Oklahoma’s appeal will be heard a week later. It will likely be at least several months before the panel issues its decision; parties on the losing side may then request that the case be reviewed by all judges in the circuit or appeal to the U.S. Supreme Court.

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It also said that if same-sex marriages are allowed, religious groups might no long support state-sponsored informational campaigns extolling benefits of marriage or call on the state to get out of the marriage business altogether, leading to a privatization of marriage. There would likely be increased conflicts over the rights of businesses to refuse to serve same-sex couples.

The central question is who chooses what the marriage institution will communicate in Utah, the state said. And the answer?

"The state, through democratic processes."

"Because Utah has articulated legitimate interests that are advanced by its marriage definition, the inquiry ends," the state said.


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