i m so grateful to finally have the protection of the state. this is it. it s go time. reporter: hundreds of lgbt couples lining up at clerk s offices, weathering frigid temperatures. in the cold all night long. reporter: and long waits to tie the knot, getting their hands on marriage licenses. try number four for us. reporter: it s a victory nine years in the making since the state s ban in 2004. utah joins the nation s capital and 17 other states that have legalized same-sex marriage. it s a huge deal. because for mormons who have been spending these years fighting this battle they ve seen it happen across the country but they didn t expect to have it come to their backyard. reporter: the conservative states refusing to back down, it filed an appeal in the 10th circuit court, the states s governor accusing shelby of being an activist federal judge and saying he s working to determine the best course to defend traditional marriage within the borders of utah.
jordan sekulow and he s a sekulow is in jay sekulow, but we love having jordan, too, dia-opposing that s not a word. diametrically opposing. megyn: thank you. now, we have the 7th circuit which tends to be a little more liberal than the 10th circuit, right? and the 2nd circuit says you to have right to conceal carry and the 10th circuit in in, that rose out of colorado says, no you don t. let me start with you, julian, this is likely to go to the supreme court and what is likely to happen. i think it s likely to go to the supreme court. and the 7th says it s right to defense outside the home not necessarily conceal carry. and the 10th circuit is much more in line what the supreme court court said in the heller case nthat case the second amendment is a limited
with the news on that, trace? and megyn, and while you have all of this focus whether congress is going to enact legislation to limit semi automatic weapons and assault rifles, these different rulings you talked about in federal court could really be the game changer when you talk about the subject and you have to look at how adamant the different courts were in making their rulings. for example, in colorado, the 10th circuit court of apools says the second amendment does not give you the right to carry a concealed weapon, writing in the ruling in light of our nation s extensive practice of citizen s freedom to carry firearms in a concealed manner, we hold that this does not hold within the scope of the second amendment protection. but now, listen to the ruling from the 7th circuit court of appeals in chicago, saying and again, i m quoting here, the right to bear, as distinct from the right to keep arms is unlikely to refer to the home. to speak of bearing arms
prohibitions, that should have some conceal carry advocates a little concerned. sure, it wasn t an issue i mean, that was in the case and that wasn t something that you could hold and say this was the purpose of heller or mcdonald for that matter and you look at the 10th circuit first. let s look there and all this have case is about, someone who isn t a citizen of colorado give a concealed carry permit know whether there is concealed carry permits available to the citizens or people who have a permit in another state which has reciprocity, in typical line with most states and virginia and others and may have a license and they grant reciprocity with and may not. in illinois, there was a complete ban and what the court said there in the 7th circuit, we are not going to completely ban this. megyn: you re saying that when you look at the facts, the illinois decision is much more akin to sort of the broad question of whether there s a constitutional right to conceal carry in colorad
within one s home at all times awkward usage, a right to bear arms thus implies a right to carry a loaded gun outside the home. now, last year, you had the second circuit court of new york that ruled that new york residents have to prove that they face danger to obtain a concealed carry permit. the 9th circuit court in california. the fourth circuit in virginia also set to take up this issue, so, as you said, the showdown will likely end up in the supreme court, megyn, and here is why that s key. because the court of course has ruled the second amendment protects the right to own guns and that state and local governments should recognize that right. but the supreme court has not yet rules on rights to carry guns outside of the home and that s where this decision boils down to. keep in mind, 8 million americans have conceal carry permits, megyn, and now you hear from smith & wesson and other gun makers that the sales of handguns are far exceeding the sales of any