Utah says gay marriage case headed to Supreme Court

Salt Lake City, UT - The Utah Attorney General's Office said Wednesday it was prepared to appeal a ruling striking down the state's ban on gay marriage all the way to the Supreme Court.

In a split 2-1 decision, the Tenth Circuit Court of Appeals in Denver affirmed a lower court's ruling declaring the ban invalid. The court placed its decision on hold so that it can be appealed.

(Related: Kitchen v. Herbert is currently being reviewed by the Utah Attorney General's Office," the agency said in a statement."Although the Court's 2-1 split decision does not favor the State, we are pleased that the ruling has been issued and takes us one step closer to reaching certainty and finality for all Utahns on such an important issue with a decision from the highest court. For that to happen, the Utah Attorney General's Office intends to file a Petition for Writ of Certiorari to the United States Supreme Court. The Tenth Circuit Court's issuance of a stay will avoid further uncertainty until the case is finally resolved. Whether the Utah Attorney General's Office seeks en banc review of the Tenth Circuit's ruling has yet to be determined."

As the first challenge to a state marriage ban to reach the appellate level since the Supreme Court struck down a key provision of the Defense of Marriage Act (DOMA) last year, Utah's case is being closely watched.