Utah Same-Sex Ban On Gay Marriage Called Unconstitutional… What About DOMA?

The Utah same-sex ban on gay marriage has been struck down as unconstitutional.

As previously reported by The Inquisitr, Utah’s polygamy laws were also axed just the other day, as well.

This is what U.S. District Court Judge Robert J. Shelby wrote when calling the Utah same-sex ban unconstitutional:

“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.”

The state argued that its Utah same-sex ban was necessary to preserve its interest in “responsible procreation” and the “optimal mode of child-rearing,” but the judge claimed the state “has provided no evidence that opposite-sex marriage will be affected in any way by same-sex marriage.” So far there’s no word on whether there will be an appeal.

In any case, the judgment set off a wave of gay weddings in Utah almost immediately. Marriage licenses are already being issued but no numbers have been published.

Utah Governor Gary Herbert wasn’t too happy to hear that the Utah Same-Sex Ban was struck down:

“I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting attorney general to determine the best course to defend traditional marriage within the borders of Utah.”

And he’s actually factually correct. According to a Utah gay marriage poll only around 28 percent of the population supports legalizing same-sex marriages. This is a little bit lower than national polls, with only 38 percent of Americans overall supporting same-sex couples getting married, although the numbers vary wildly with some recent polls showing a majority support.

You might be surprised to hear that the Defense Of Marriage Act is still intact in some parts even after the Supreme Court decision. Although the judges struck down Section 3 of DOMA, which covered the Federal government’s role in relation to same-sex couples, it did not directly address Section 2, which allows states to to refuse to recognize those marriages. This means each state has to decide what to do about gay marriage and a number of lawsuits have been filed all over the nation.

Do you think the judge was right to strike down the Utah same-sex ban on gay marriage despite the state’s population not supporting such a move?