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Court rules for gay marriage in Oklahoma case

DENVER — A federal appeals court on Friday ruled Oklahoma must allow gay couples to wed, marking the second time it has found the U.S. Constitution protects same-sex marriage.

By NICHOLAS RICCARDI, AP Modified: July 18, 2014 at 10:42 am •  Published: July 18, 2014

DENVER — A federal appeals court on Friday ruled Oklahoma must allow gay couples to wed, marking the second time it has found the U.S. Constitution protects same-sex marriage.

The decision from a three-judge panel in Denver upholds rulings that struck down Oklahoma's gay marriage ban.

The 2-1 ruling comes after the same panel ruled June 25 that Utah's ban on same-sex marriage violates the Constitution. It was the first time an appellate court determined last year's U.S. Supreme Court decision striking down the Defense of Marriage Act means states cannot deny gays the ability to wed.

The 10th U.S. Circuit Court of Appeals panel put its Oklahoma and Utah rulings on hold pending an appeal. Utah's attorney general has said he plans to appeal to the Supreme Court.

Gay marriage in the two states will remain on hold.

Still, the decisions give increased momentum to a legal cause that has compiled an impressive string of lower court victories. More than 20 courts have issued rulings siding with gay marriage advocates since the Supreme Court's DOMA ruling in June 2013. The rulings have come in 17 states, with Florida being the latest.

Two of the most striking of those decisions were in conservative Utah and Oklahoma, which saw their voter-approved gay marriage bans struck down in December and January, respectively. In Utah, more than 1,000 same-sex couples married before the Supreme Court issued a stay.

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