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10th U.S. Circuit Court of Appeals

10th Circuit Rejects Stay in Oklahoma Death Penalty Cases

The U.S. Court of Appeals for the 1oth Circuit rejected the requests for stays in four executions in Oklahoma, the Washington Post's Mark Berman reports. The executions are the first since Clayton Lockett's lethal injection was botched: "Lockett grimaced, clenched his jaw and writhed on the gurney before dying inside the Oklahoma State Penitentiary in McAlester on April 29. A state investigation released later found that the execution team failed to properly insert the needle to deliver the lethal injection drugs, a problem that was exacerbated when no one monitored the IV and compounded when no one involved knew what to do as the situation unfolded."

Oklahoma has a new protocol that the four death-penalty inmates are objecting to; they argue that the planned use of sedative midazolam would make them suffer a burning, intense pain as they are executed.

Wyoming's Ban on Same-Sex Marriage Struck Down

U.S. District Judge Scott Skavdahl has struck down Wyoming's ban on same-sex marriage, following the cue of the U.S. Circuit Court of Appeals for the 10th Circuit, NBC News reports. The 10th Circuit, which presides over appeals in federal cases in Wyoming, already ruled that same-sex marriage laws in other states are unconstitutional. Thirty-two states now allow same-sex marriage.

Oklahoma's Ban on Same-Sex Marriage Struck Down By Same Panel

The Tenth Circuit has once again acted to strike down a state ban on same-sex marriage. The same panel of judges, 2-1, that voted to strike down Utah's ban on same-sex marriage voted to strike down Oklahoma's ban on same-sex marriage, USA Today's Richard Wolf reports. The dissenting judge, Judge Paul Kelly, is the first federal judge to oppose same-sex marriage in any case, USA Today reports.

Indiana, Utah Bans on Same-Sex Marriage Thrown Out Today

The Tenth Circuit ruled today that Utah's ban on same-sex marriage violates the equal protection clause of the U.S. Constitution, while a federal judge in Indiana rejected that state's ban on same-sex matrimony, USA Today reports. The 10th Circuit ruling is the first appellate ruling in the country, USA Today further reports.

10th Circuit Appears Split on Utah's Same-Sex Marriage Ban

The first appellate court to hear arguments in one of the cases striking down same-sex marriage bans was heard today.

The three-judge panel on the Tenth Circuit appeared split during oral argument on a lower-court ruling striking down Utah's ban on same-sex marraiage, the Salt Lake Tribune reports. The state is arguing that children do better if they are parented by a mother and father, not same-sex parents, the Tribune further reports.

Fox Asks 10th Circuit to Enjoin Aereo in the American West

While the U.S. Supreme Court case over Internet streaming service Aereo's business model is pending, broadcaster Fox is seeking a preliminary junction against Aereo in the 10th Circuit, Multichannel News reports. A Utah district court will hear the request to enjoin Aereo in the six states over which the 10th Circuit has jurisdiction.

Utah: States Have Right to Limit Marriage to Men and Women

Utah has filed its brief in the 10th Circuit defending the state's ban on same-sex marriage after a district judge struck it down as unconstitutional, Deseret News reports. One argument by the state is that there is nothing in the federal Constitution preventing Utah's citizens from limiting marriage to opposite-sex couples. A second argument by the state is "'redefining marriage as a genderless, adult-centric institution would fundamentally change Utah's child-centered meaning and purpose of marriage,'" the paper further reports. A third argument by the state is "that traditional marriage furthers the state's interests in accommodating religious freedom and preserving social harmony in the state, while redefining marriage would be a recipe for social and religious strife," the paper also reports.

U.S. Supreme Court Halts Same-Sex Marriage in Utah

The U.S. Supreme Court halted same-sex marriages in Utah this morning while an appeal of a ruling that the state's ban on same-sex nuptials violates constitutional rights proceeds in the Tenth Circuit, NPR reports. A stay during an appeal was denied by lower courts. The justices' order was without comment or dissent.

Utah Plans Appeal to U.S. Supreme Court to Block Same-Sex Marriage

Bloomberg reports on the plans of Utah governmental officials to ask the U.S. Supreme Court to block same-sex marriages. A federal district court has ruled that Utah's ban on same-sex nuptials violates constitutional rights to equal protection and due process, but the Tenth Circuit ruled against holding the trial court in abeyance while Utah appeals the decision.

PA Judge Upholds Religious Exemptions to Obamacare

Even though the Third Circuit has held that "secular, for-profit companies aren't afforded religious protection and the constitutional rights of their owners don't pass through to the corporate entity," a district-court federal judge sided with employers that are challenging Obamacare's contraceptive-coverage mandate on the grounds that it violates their freedom of religion, The Legal Intelligencer, Pennsylvania's legal newspaper, reported. The Legal also reported that U.S. District Chief Judge Joy Flowers Conti of the Western District of Pennsylvania denied a request from the Obama administration for an indicative ruling on the application of the Third Circuit case when Conti had granted an injunction for a plaintiff from the contraception mandate.

The issue is being primed for the U.S. Supreme Court. A circuit split is present on the issue between the Third Circuit and the Tenth Circuit.
 

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