Sotomayor is likely to refer Utah request to entire court , expert says . Utah attorney general will appeal a lower-court ruling to nation 's highest court . Same-sex marriage is banned by constitutional amendment or state law in : Alabama , Alaska , Arizona , Arkansas , Colorado , Florida , Georgia , Idaho , Indiana , Kansas , Kentucky , Louisiana , Michigan , Mississippi , Missouri , Montana , Nebraska , Nevada , North Carolina , North Dakota , Ohio , Oklahoma , Oregon , Pennsylvania , South Carolina , South Dakota , Tennessee , Texas , Virginia , West Virginia , Wisconsin and Wyoming . Comment: A lower federal court struck down Utah 's ban on same-sex marriage .
Sotomayor is likely to refer Utah request to entire court , expert says . Utah attorney general will appeal a lower-court ruling to nation 's highest court . Comment: A lower federal court struck down Utah 's ban on same-sex marriage .