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Judge Rules Oklahoma Same-Sex Marriage Ban Unconstitutional

POSTED BY: NIKI2
UPDATED: Wednesday, January 15, 2014 09:51
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Wednesday, January 15, 2014 9:48 AM

NIKI2

Gettin' old, but still a hippie at heart...


Quote:

A federal judge ruled Tuesday that an Oklahoma law limiting marriage to heterosexual couples violates the U.S. Constitution, giving yet another victory to same-sex marriage supporters.

U.S. District Court Judge Terence Kern said the court would not immediately enforce this ruling -- therefore not opening the doors right away to marriages of gay and lesbian couples in Oklahoma -- pending appeals. Still, he delivered a clear opinion on how the voter-approved Oklahoma state constitutional amendment relates to the U.S. Constitution.

"The Court holds that Oklahoma's constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution," the judge wrote, saying that protection "is at the very heart of our legal system."

His decision specifically deals with "Part A" of an Oklahoma Constitutional amendment that says, in part, "marriage in this state shall consist only of the union of one man and one woman."

Kern said that "the Court's rationality review reveals Part A an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a government benefit." Proponents of the state constitutional measure, he points out, "purposefully (drew a line) between two groups of Oklahoma citizens -- same-sex couples desiring an Oklahoma marriage license and opposite-sex couples desiring (a) marriage license."

CNN -- which has a copy of the ruling -- first learned of the court's decision via Twitter.

This case was first brought by a pair of lesbian couples in 2004, the same year that Oklahoma citizens voted to put a ban on same-sex marriage in their state's constitution.

Susan Barton, one of the four women involved, told CNN that she is "absolutely thrilled" with the decision, saying it was worth the long fight. She and her partner, Gay Phillips, have lived in Oklahoma for more than 50 years. They have been together for the past three decades and got a civil union in Vermont and have marriage licenses issued from Vancouver, British Columbia, and San Francisco.

"You can't stay in this for nine years and not have faith," Barton said. "... I feel like we are already married, (but) I want our state to recognize our marriage."

CNN received no immediate response from the Tulsa County district attorney's office, which was among those arguing for the state's same-sex marriage ban. http://www.cnn.com/2014/01/14/justice/oklahoma-gay-marriage/


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Wednesday, January 15, 2014 9:51 AM

GEEZER

Keep the Shiny side up


And all these state decisions will coalesce at the Supreme Court at some point. That'll be an interesting day.


"When your heart breaks, you choose what to fill the cracks with. Love or hate. But hate won't ever heal. Only love can do that."

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