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Pulling back the curtains on wage-theft enforcement in MN; Trump's latest attack is on RFK, Jr; NM LGBTQ+ equality group endorses 2024 'Rock Star' candidates; Michigan's youth justice reforms: Expanded diversion, no fees.

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Transportation Secretary Pete Buttigieg says rebuilding Baltimore's Key Bridge will be challenging and expensive. An Alabama Democrat flips a state legislature seat and former Connecticut senator Joe Lieberman dies at 82.

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Historic wildfires could create housing and health issues for rural Texans, a Kentucky program helps prison parolees start a new life, and descendants of Nicodemus, Kansas celebrate the Black settlers who journeyed across the 1870s plains seeking self-governance.

UT Marriage Equality Battle Heads to Federal Court in CO

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Thursday, April 10, 2014   

DENVER – The constitutionality of Colorado's same-sex marriage ban could be in question, depending on the outcome of a case being heard today in a Denver courtroom.

The ongoing legal battle after the court ruling overturning Utah's same-sex marriage ban last year is taking center stage at the U.S. Tenth Circuit Court of Appeals in Denver.

Clifford Rosky, board chairman at Equality Utah and a law professor at the University of Utah, explains the state has to prove that allowing marriage equality will in some way harm society.

"And the problem is, they didn't show that,” he adds. “They conceded that Amendment 3 harms same-sex couples. But they didn't show that letting same-sex couples marry would harm anybody."

Because Colorado joins Utah in the Tenth Circuit Court of Appeals, the outcome of the case could influence the standing of Colorado's marriage ban.

Late last year, U.S. District Judge Robert Shelby overturned Amendment 3, which had amended the Utah state constitution to define marriage as a union between one man and one woman.

The U.S. Supreme Court then granted a temporary injunction stopping same-sex marriages while the state of Utah continues its efforts to overturn Judge Shelby's ruling.

Rosky says the Tenth Circuit Court's three-judge panel won't likely issue a ruling in the case until later this summer.

He adds whatever the panel decides won't likely be the last word on this issue.

"Both sides have said, 'If we lose, we're going all the way to the Supreme Court,'” he says. “This case will be appealed to the Supreme Court. Whether or not the Supreme Court takes it is an open question."

Rosky says it could take a year or more for this issue to wind its way through the court system.

About 1,000 same-sex couples in Utah were married prior to the U.S. Supreme Court's temporary injunction that stopped the weddings.





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