The Utah ruling is especially significant because it is the first appellate court to conclude that last year's Supreme Court decision means states cannot deny gays the ability to marry.
While the Times reports the decision has been stayed pending appeal, the county of Boulder, Colorado has already announced it will begin handing out licenses today.
In response to the historic ruling in the 10th Circuit Court today, Boulder County Clerk and Recorder Hillary Hall will begin issuing same sex marriage licenses immediately, beginning today, June 25, 2014 in our Boulder office at 1750 33rd Street, and in our Lafayette and Longmont offices starting Friday, June 27, 2014.
Because 10th Circuit decisions are binding in the State of Colorado, the precedent established by Kitchen v. Herbert is applicable to the same-sex marriage ban contained in the Colorado Constitution. The Tenth Circuit found that “those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex.”
Clerk Hall intends to uphold the fundamental right to marriage now recognized by 10th Circuit by issuing marriage licenses to any person who wishes to marry. “Couples across Colorado have been waiting a long time to have their right to marry the person they love recognized,” stated Boulder County Clerk Hillary Hall. “I want to act immediately to let them carry out that wish.”
Marriage licenses will be issued at the Boulder County Clerk and Recorder’s office in Boulder today until 4:30 p.m. and will resume tomorrow at 8 a.m.