A three-judge panel of the 10th Circuit Court of Appeals appeared divided on Thursday as they listened to arguments in a case on whether Utah's same-sex marriage ban is constitutional.
The ban, approved by Utah voters in 2004, was struck down by a lower court in the wake of the U.S. Supreme Court ruling last year against the Defense of Marriage Act, or DOMA.
At the hearing in Denver on Thursday, the appeals court judges voiced support for a "fundamental right to marriage" but said Utah might have the right to define marriage as only between men and women.
USAToday says:
"Judge Paul Kelly, an appointee of former president George H.W. Bush, was the most skeptical of same-sex marriage rights. Judge Carlos Lucero, appointed by Bill Clinton, appeared strongly in favor.
"That left George W. Bush's judge, Jerome Holmes, in the middle. He came out forcefully, wondering why bans on same-sex marriage are any more legitimate than earlier bans on interracial marriage, which were struck down by the Supreme Court. But he also expressed some support for Utah."