A three-judge panel of the U.S. Court of Appeals for the 10th Circuit in Denver will be considering Utah’s ban on same-sex marriage, which was struck down in December by a federal district judge in Salt Lake City.

It is a review soon to be repeated around the country, the intermediate step in returning a question to the Supreme Court that the justices avoided the first time around — whether marriage is a fundamental right that under the Constitution may not be denied to same-sex couples.