The 10th U.S. Circuit Court of Appeals has declared Oklahoma’s traditional marriage laws unconstitutional, repeating a ruling it issued in a Utah case just a few weeks ago.
In the opinion released this morning, the three-judge panel upheld a lower court ruling that struck down the law voters approved overwhelmingly in 2004. As in the Utah case, decided on June 25, the court said the U.S. Supreme Court’s decision to strike down part of the federal Defense of Marriage Act means states cannot prevent gay couples from getting married.
Utah plans to take its appeal directly to the Supreme Court, rather than ask the full 10th Circuit to rehear the case.
Both rulings are on hold—meaning marriages cannot begin in either state—until the high court finally settles the issue.