Utah voters approved a law banning same-sex marriage in 2004 . Sotomayor is likely to refer Utah case to entire court , expert opinion . Utah attorney general will appeal a lower - court ruling to nation 's highest court . Utah will file appeal after consultation with outside counsel over the next few days . A lower federal court struck down Utah 's ban on same - sex marriage .
Sotomayor is likely to refer Utah case to entire court , expert opinion . Utah attorney general will appeal a lower - court ruling to nation 's highest court . Utah will file appeal after consultation with outside counsel over the next few days . A lower federal court struck down Utah 's ban on same - sex marriage .