Quantcast


Twitter icon


Facebook icon

About this site
About us
Our statement of belief
Is this your first visit?
Contact us
External links

Recommended books

Visitors' donated essays
Our forum
New essays
Other site features
Hot, controversial topics
Vital notes

World religions
BUDDHISM
CHRISTIANITY
Definition of Christianity
 Shared beliefs
 Handling change
 Bible topics
 Bible inerrancy
 Bible harmony
 Bible Interpreting
 Individuals in the Bible
 Beliefs & creeds
 Da Vinci code
 Revelation & 666
 Denominations
HINDUISM
ISLAM
JUDAISM
WICCA & Witchcraft
Other religions
Cults and NRMs
Compare Faiths

Non-theistic beliefs
Atheism
Agnosticism
Humanism
Other

About all religions
Main topics
Basic information
Gods and Goddesses
Handling change
Doubt & security
Quotes
Movies
Confusing terms
Glossary
End of the World?
True religion?
Seasonal events
Science/Religion
More information

Spiritual/ethics
Spirituality
Morality & ethics
Absolute truth

Peace/conflict
Attaining peace
Religious tolerance
Religious freedom
Religious hatred
Religious conflict
Religious violence

"Hot" topics
Very hot topics
10 Commandments
Abortion access
Assisted suicide
Cloning
Death penalty
Environment/Climate change

Gay marriages

Homosexuality
Human rights
Gays in military
Nudism
Origins
Sex & gender
Sin
Spanking kids
Same-Sex marriages
Stem cells
Transexuality
Women's rights
Other topics

Laws and news
Religious laws
Religious news

Sponsored links

!!!!!!!! Search error!  If the URL ends something like .htm/  or .htm# delete the character(s) after .htm and hit return.

Same-sex marriage (SSM) in Oklahoma

Part 5:
2014-APR to JUL: U.S. 10th Circuit Court of
Appeals
held hearings, issued a ruling, & a stay.

horizontal rule

This topic is a continuation of the previous essay

horizontal rule

2014-APR-17: Hearings held by 3-judge panel of the U.S. 10th Circuit Court of Appeals in the Bishop v. Smith case:

Back in 2013-JUN, the U.S. Supreme Court issued its ruling in Windsor v. United States. It declared Section 3 of the federal Defense of Marriage Act (DOMA) to be unconstitutional. This was the act that had denied access by same-sex married couples to the 1,138 federal marriage protections and benefits. The majority ruling contained some arguments that gave support to the principle of marriage equality. This would allow loving committed couples whether opposite-sex or same-sex to marry the person that they love.

Windsor triggered subsequent lawsuits in many dozens of states. In the Oklahoma case, it breathed new life into a nine-year old lawsuit. By 2014-APR, from among the approximately 70 cases before state courts and federal District Courts, eight judges had issued rulings. All eight legalized marriage equality in their state. One of them was District Court Judge Terence Kern in Oklahoma. However, their decisions were all stayed pending appeal to higher courts.

A three judge panel, randomly selected from all of the judges of the 10th Circuit Court of Appeals, held hearings for the Utah case Kitchen et al v. Herbert et al on APR-10. The same panel held hearings seven days later in the very similar Oklahoma case: Bishop v. Smith (a.k.a. Bishop v. Oklahoma). In both states' cases, a federal District Court judge had declared a state Constitutional amendment to ban same-sex marriages to be void and unenforceable. Stays of their decisions have been issued so that same-sex couples cannot not marry in either state pending a Court of Appeals ruling.

Just before the hearing, plaintiff Sharon Baldwin in the Bishop v. Oklahoma case said that:

"Ours is the longest-running marriage equality case in the country."

Commenting on the Freedom to Marry blog the day after the hearing, she said:

"I think we were struck by how, frankly, it's the same old arguments they've been using all along that have been so unsuccessful. ... They make it sound as though there are a limited number of marriage licenses and if they start handing out marriage licenses willy-nilly to same-sex couples who can't have a child, then what is that going to do to procreation? Well, it's not going to do anything to procreation. People who still want to have children will still have children." 1

Sponsored link.

The Huffington Post suggests that U.S. Circuit Judge Jerome Holmes may be the swing vote on both the Utah and Oklahoma cases. 1

An interesting verbal exchange occurred between Circuit Court Judge Holmes and lawyer Jim Campbell who is representing defendant Sally Howe Smith, the Tulsa County Clerk. It penetrated immediately to the core of the conflict over marriage equality. That is, the status of the 2004 amendment to the state Constitution compared to the status of the equal protection and due process clauses of the 14th amendment of the U.S. Constitution. If they are in conflict, which amendment rules?

  • Circuit Court Holmes asked: "The state cannot define marriage in any way that would trample constitutional rights, right?"

  • Referring to the voters' passage of the 2004 amendment to the state constitution, Lawyer Campbell responded that the court must defer to the democratic process if there is a rational basis for the state to deny marriage to same-sex couples. He said:

    "The natural, procreative potential of opposite-sex couples distinguishes that group from same-sex couples." 2

If procreation is considered to be a criteria by which marriage is to be denied, then it could be argued that infertile opposite-sex couples should be denied access to marriage. After all, they have no "natural procreative potential" by themselves. In the same way as for same-sex couples, they have to resort to adoption, or a surrogate, or to assistance from a fertility clinic to conceive via artificial insemination or in-vitro fertilization. Similarly, elderly opposite-sex couples who are infertile because of age or erectile dysfunction, and perhaps even opposite-sex couples who have no intention of procreating should also be banned from marriage. This path would be a dangerous one to go down.

The Huffington Post said that during the Utah hearing of the Utah Case, Circuit Court Judge:

"Holmes last week said that if the yardstick is whether the state has a rational reason to single out gay couples, the same-sex plaintiffs would lose. But if the standard was any higher, they would win. ... The justices' decision likely will pivot on the level of deference they believe a court should give voters to deny a group of people the ability to marry." 2

That is, the panel's decision will depend upon the level of scrutiny that same-sex marriages should receive. Unfortunately, the U.S. Supreme Court has never ruled on this specific matter.

Plaintiff Sharon Baldwin told reporters outside the courthouse that:

"We believe that history and justice are on our side, and that is something that no amount of tradition can overcome." 2

Lawyer for the defendant, Jim Campbell was asked how well he thought the hearing went for his side. He responded by saying that the hearing went well, but that he doesn't make predictions. He wisely said:

"I don't play the game of reading judges," Campbell said. "It's a dangerous game." 2

horizontal rule

Sponsored link:

horizontal rule

2014-JUL-25: Three-judge panel of the U.S. 10th Circuit Court of Appeals issued their ruling:

A group of three judges from the 10th Circuit Court -- the same judges who ruled in an almost identical case in Utah on 2014-JUN-25 -- issued their ruling in the Oklahoma case. The cases in both states involved:

  • The topic of same-sex marriage;

  • An amendment to the state Constitution banning same-sex marriage that was passed about a decade previously, in 2004-NOV;

  • A ruling by a District Court in favor of SSM;

  • A majority ruling by the same three-judge panel at the same Court of Appeals in favor of SSM;

  • The decision was based on the conflict between the state Constitution, as amended, and the due process and equal protection clauses of the 14th Amendment of the U.S. Constitution. This is the same basis as was used in the famous case Loving vs. Virginia in 1967 that legalized interracial marriage across the U.S.

  • A stay by the 10th circuit so that same-sex couples cannot marry, for now.

Because the cases were so similar, it would have appeared very strange if the judges had arrived at a different conclusion.

Judges Carlos Lucero and Jerome Holmes voted to declare the ban on SSM unconstitutional. Judge Paul Kelly dissented.

Judge Lucero wrote for the majority to declare Oklahoma's ban on same-sex marriage unconstitutional:

"Oklahoma's ban on same-sex marriage sweeps too broadly in that it denies a fundamental right to all same-sex couples who seek to marry or to have their marriages recognized regardless of their child-rearing ambitions. ... As with opposite-sex couples, members of same-sex couples have a constitutional right to choose against procreation." 3

horizontal rule

This topic continues in the next essay

horizontal rule

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. "Live blog: Marriage litigation at the 10th Circuit," Freedom to Marry, 2014-APR-17, at: http://www.freedomtomarry.org/
  2. Kristie Eaton & Nicholas Riccardi, "Oklahoma Gay Marriage Case Goes Before U.S. Appeals Court," Huffington Post, 2014-APR-18, at: http://www.huffingtonpost.com/
  3. Richard Wolf, "Appeals court strikes down Oklahoma gay marriage ban," USA Today, 2014-JUL-18, at: http://www.usatoday.com/

horizontal rule

Site navigation: Home > Homosexuality > Same-sex marriage > Menu > Oklahoma > here

Copyright © 2014 by Ontario Consultants on Religious Tolerance
Originally posted: 2014-JUL-21
Latest update: 2014-NOV-23
Author: B.A. Robinson

line.gif (538 bytes)
Sponsored link

Go to the previous page, or go to the "Same-sex marriage in Oklahoma" menu or choose:

Google
Web ReligiousTolerance.org

Go to home page  We would really appreciate your help

E-mail us about errors, etc.  Hot, controversial topics

FreeFind search, lists of new essays...  Having problems printing our essays?

Twitter link

Facebook icon

Google Page Translator:

This page translator works on Firefox,
Opera, Chrome, and Safari browsers only

After translating, click on the "show
original" button at the top of this
page to restore page to English.

 
Sponsored links