Appeals court ducks gay marriage question

Saturday, May 6, 2006

SAN FRANCISCO -- A federal appeals court on Friday sidestepped whether it was unconstitutional under federal and state law to deny gays and lesbians the right to marry, leaving the issue to state courts to decide. The case, brought by two gay Orange County men who were denied a marriage license, leaves Massachusetts as the only state allowing same-sex marriage. A three-judge panel of the 9th U.S. Circuit Court of Appeals said the couple should await the outcome of California litigation challenging the state's law banning gay nuptials.

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