Today the Utah attorney general's office announced the state would be appealing the Tenth Circuit Court of Appeals' marriage equality ruling directly to the U.S. Supreme Court. Last month the Tenth Circuit upheld a lower court's ruling striking down Utah's ban on marriage for same-sex couples.
The state had the option to request an en banc appeal before the full bench of the Tenth Circuit, but instead opted to bypass an en banc session and appeal directly to the Supreme Court.
The Supreme Court is under no obligation as to which marriage case - if any - it chooses to hear. There are over 70 court cases challenging discriminatory marriage bans across the country in 30 states and Puerto Rico. So far six federal appeals courts are presiding over 11 marriage equality cases over the coming weeks and months. The Sixth Circuit holds the distinction of being the only federal appeals court to date that will consider marriage cases from all states within its jurisdiction. Since the U.S. Supreme Court’s historic marriage rulings last year, no state marriage ban has survived a federal court challenge.