Officials with the Utah Attorney General’s office announced today that lawyers for the state will appeal the latest ruling against Amendment 3 directly to the U-S Supreme Court.
Last month, a three judge panel on the 10th Circuit Court of Appeals voted two to one to uphold a federal district court ruling Utah’s law banning same sex marriage is unconstitutional. When the latest decision was handed done, lawyers defending Utah’s law had two options in front of them: Ask all of the judges on the 10 the circuit court to consider the case or appeal directly to the U-S Supreme Court. On Tuesday, spokeswoman Missy Larsen released a statement saying that the Attorney General’s office will not an en banc review of 10th Circuit’s decision. Instead lawyers for the state plan to file a petition for a Writ of Certiorari to the U.S.Supreme Court. Larsen said in the statement that Utah’s Amendment 3 is presumed to be constitutional until the highest court deems otherwise.