DENVER — A federal appeals court’s gay marriage ruling contained two historic firsts: It was the first appellate decision for gay marriage since the U.S. Supreme Court struck down the Defense of Marriage Act one year ago, and it also marked the first time since then a federal judge has argued for keeping a state ban on same-sex marriages.
Judge Paul J. Kelly Jr. was in the minority in his opinion as the two other judges on the 10th Circuit Court of Appeals panel found the U.S. Constitution protects the rights of gay couples to marry. Kelly has broken the string of 16 state and federal judges who sided with gay marriage advocates in cases across the country over the past year.
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