OKLAHOMA CITY (AP) — A U.S. feral appeals urt lg Friday that Oklahoma's ban on gay marriage is unnstutnal spurred celebratn among gay rights activists but sparked sharp anger among Republin lears a nservative state that pris self on beg the buckle of the natn's Bible Belt. A three-judge panel of the 10th U.S. Circu Court of Appeals Denver upheld a feral judge's lg strikg down Oklahoma's gay marriage ban, which had been approved by more than 75 percent of voters 2004. The urt put s 2-1 lg on hold pendg an appeal, meang same-sex upl won't be allowed to marry Oklahoma for now. "Today's lg is another stance of feral urts ignorg the will of the people and tramplg on the right of stat to ern themselv," Gov. Mary Fall said. "In this se, two judg have acted to overturn a law supported by Oklahomans." She said she hoped the cisn was overturned and pledged to "fight back agast our feral ernment when seeks to ignore or change laws wrten and supported by Oklahomans." Friday's cisn marks the send time the feral appeals urt has found the U.S. Constutn protects same-sex marriage. In June, the same three-judge panel led that Utah's ban on same-sex marriage vlat the Constutn, a cisn that is also on hold. That was the first time an appellate urt termed that the U.S. Supreme Court's cisn strikg down the Defense of Marriage Act meant stat uldn't ny gays the abily to wed. In s landmark lg, the Supreme Court orred the feral ernment to regnize state-sanctned marriag but stopped short of clarg same-sex marriag legal natnwi. Sce then, however, state gay marriage bans have been fallg around the untry. Gay and lbian upl n now marry 19 stat and Washgton, D.C. On Friday, the U.S. Supreme Court issued a stay the Utah se that will require more than 1,000 same-sex married upl to wa longer for state benefs. Also Friday, Colorado's state Supreme Court orred Denver's clerk to stop issug marriage licens to gay upl while the state's stricken ban is appealed. Sharon Baldw and Mary Bishop filed the Oklahoma lawsu 2004 shortly after 76 percent of Oklahoma voters approved a nstutnal ban on gay marriage. After an appeals urt led 2009 that the uple lacked standg, they filed an amend plat listg as the fendant the Tulsa County Court Clerk, sce that is the person who issu marriage licens. "There are so many gay and lbian Oklahomans who are celebratg, and they have every right to, bee this is a victory for all of ," Baldw said. A send claim, by Gay Phillips and San Barton, who had a civil unn Vermont and were legally wed Canada, challeng a sectn of the Defense of Marriage Act that says dividual stat don't have to regnize same-sex marriag performed other jurisdictns. "We are so grateful that the 10th Circu unrstands what more and more people across this untry are begng to realize — that gay and lbian people are cizens who should enjoy the same rights as straight people unr the law," Baldw and Bishop said a statement. Attorneys reprentg the clerk said they were nsirg their optns. They noted the panel's dissentg judge argued that changg the fn of marriage should belong to Oklahoma rints, not a feral urt. "Every child serv a mom and a dad, and the people of Oklahoma nfirmed that at the ballot box when they approved a nstutnal amendment that affirmed marriage as a man-woman unn," said Byron Babne, senr attorney for the Alliance Defendg Freedom, which is fendg the unty clerk. ___ Ricrdi reported om Denver. Associated Prs wrer Tim Talley ntributed to this report.
Contents:
- OKLAHOMA’S BAN ON GAY MARRIAGE IS UNNSTUTNAL, JUDGE RUL
- FERAL JUDGE STRIK DOWN OKLAHOMA BAN ON GAY MARRIAGE
- OKLAHOMA GAY MARRIAGE BAN LAWSU PENDG 9 YEARS
- NATIVE AMERIN TRIB CHALLENGE OKLAHOMA GAY MARRIAGE BAN
- US APPEALS URT TOSS OKLAHOMA GAY MARRIAGE BAN
- APPEALS URT STRIK DOWN OKLAHOMA GAY MARRIAGE BAN
- FERAL APPEALS COURT STRIK DOWN OKLAHOMA GAY MARRIAGE BAN
- COURT FDS OKLAHOMA CANNOT BAN GAY NUPTIALS
- OKLAHOMA GAY MARRIAGE BAN RULED UNNSTUTNAL BY JUDGE
- OKLA. GAY MARRIAGE BAN STCK DOWN; LG ON HOLD
OKLAHOMA’S BAN ON GAY MARRIAGE IS UNNSTUTNAL, JUDGE RUL
The cisn, the latt a strg of legal victori for gay rights, will not take effect immediately, and an appeal is almost certa. * oklahoma gay marriage ban *
WASHINGTON — Gay and lbian upl began marryg Oklahoma on Monday after a surprise announcement om the U. “The Court’s lettg stand the victori means that gay upl will soon share the eedom to marry 30 stat, reprentg 60 percent of the Amerin people. 14, 2014A feral judge Oklahoma led Tuday that the state’s nstutnal amendment barrg same-sex marriage vlated the feral Constutn, the latt a strg of legal victori for gay rights and one that occurred the heart of the Bible state’s ban on marriage by gay and lbian upl is “an arbrary, irratnal excln of jt one class of Oklahoma cizens om a ernmental benef, ” wrote Judge Terence C.
Baldw cisn will not take effect immediately, and an appeal is almost certa, leavg prospects uncerta for gay upl. Bishop sought the right to marry, while Gay Phillips and San Barton, who were legally married California, sought regnn of their stat by the state, which is unr the strong ntrol of Republin Kern found that his urt did not have jurisdictn over the send qutn, whether Oklahoma mt honor a same-sex marriage performed another wh his cisn agast the state’s own ban on such marriag, “Judge Kern has e to the ncln that so many have before him — that the fundamental equaly of lbian and gay upl is guaranteed by the Uned Stat Constutn, ” said Chad Griff, print of the Human Rights Campaign Washgton, a statement Tuday.
FERAL JUDGE STRIK DOWN OKLAHOMA BAN ON GAY MARRIAGE
The lg of the 10th Circu Court of Appeals Denver mirrors the same urt's cisn regardg a gay-marriage ban Utah. It has been stayed, pendg likely appeal. * oklahoma gay marriage ban *
A versn of this article appears prt on, Sectn A, Page 15 of the New York edn wh the headle: Oklahoma’s Ban on Gay Marriage Is Unnstutnal, Judge Rul. Sue Barton, a platiff challengg Oklahoma's gay-marriage ban, gets a hug om her pastor followg a hearg at the 10th U.
Appeals urt Denver has upheld a lower urt lg that stck down Oklahoma's gay-marriage ban. " "We would like to thank the urt for s time and reful nsiratn of our se, and we look forward to seeg Oklahoma gay and lbian upl who love each other and want their relatnships regnized by their ernment [to take] part fully that right, " Mary Bishop and Sharon Baldw, the uple challengg the state ban urt, said a statement on Friday.
OKLAHOMA GAY MARRIAGE BAN LAWSU PENDG 9 YEARS
U.S. Senr District Judge Terence Kern said the state's nstutnal amendment limg marriage to oppose-sex upl vlat the U.S. nstutn. Gay marriag are on hold, however, pendg an appeal. * oklahoma gay marriage ban *
Sayg Oklahoma's ban on gay marriage is "arbrary" and "irratnal, " a feral judge led the ban vlated the nstutn and should be stck down. This means gay marriag will not beg immediately the state.
" Kern acknowledged that the Supreme Court has never specifilly led on how bans on gay marriage relate to the Fourteenth Amendment.
"However, Supreme Court law now prohibs stat om passg laws that are born of animosy agast homosexuals, extends nstutnal protectn to the moral and sexual choic of homosexuals, and prohibs the feral ernment om treatg oppose-sex marriag and same-sex marriag differently, " Kern wr. Bee of that, Kern reviewed the se unr the Equal Protectn clse and found that banng gay marriage Oklahoma priv one class of Oklahoma cizens of a ernmental benef for no good reason. Shelby stck down Utah's nstutnal ban on gay marriage.
NATIVE AMERIN TRIB CHALLENGE OKLAHOMA GAY MARRIAGE BAN
Oklahoma's gay marriage ban vlat the U.S. Constutn, a feral judge led on Tuday. * oklahoma gay marriage ban *
Shelby did not issue a stay of his cisn, so gay marriag were held the state, until the U. Guaranteed By The Constutn: Human Rights Campaign Print Chad Griff praised the cisn sayg a statement: "Judge Kern has e to the ncln that so many have before him – that the fundamental equaly of lbian and gay upl is guaranteed by the Uned Stat Constutn. Wh last year's historic victori at the Supreme Court guidg the way, is clear that we are on a path to full and equal cizenship for all lbian, gay, bisexual and transgenr Amerins.
(AP/Deret News)Oklahoma's gay marriage ban vlat the U.
Kern immediately stayed his lg pendg appeals, meang gay marriag won't happen Oklahoma right gay upl had sued for the right to marry and to have a marriage om another jurisdictn regnized Oklahoma lg about a month after a feral judge Utah overturned that state's ban on same-sex marriage. "Judge Kern has e to the ncln that so many have before him –- that the fundamental equaly of lbian and gay upl is guaranteed by the Uned Stat Constutn, " said Human Rights Campaign Print Chad Griff. "Wh last year's historic victori at the Supreme Court guidg the way, is clear that we are on a path to full and equal cizenship for all lbian, gay, bisexual and transgenr Amerins.
US APPEALS URT TOSS OKLAHOMA GAY MARRIAGE BAN
TULSA, Okla. (AP) — Two same-sex upl who sued for the right to marry nservative Oklahoma knew would be a stggle, but they uldn't have expected that ne years later, they would still be awag their day urt. Their feral lawsu is the longt-nng active lawsu agast the Defense of Marriage Act, acrdg to natnal gay marriage advocy group Freedom to Marry. Mary Bishop and Sharon Baldw, a Tulsa uple together for 17 years, and another uple filed the lawsu November 2004, shortly after Oklahoma voters overwhelmgly passed a nstutnal amendment banng same-sex marriage. Although the su was revised 2009 to name the Tulsa County clerk as a fendant, matas s origal claim that the women should be allowed to marry Oklahoma. "While some people are gettg their day urt and fdg jtice, we are stg here, for ne years, wh our hands tied," Bishop said. The duratn of the se strikgly ntrasts the spate of lawsus filed sce the U.S. Supreme Court orred the feral ernment June to regnize legal same-sex marriag. The se that sparked that lg — volvg 83-year-old New York widow Edh Wdsor — reached the high urt only three years after was filed. The se challenged an tate tax levied after Wdsor's wife died. Yet even wh that se cid, Bishop and Baldw, who met while workg at the Tulsa World newspaper, haven't been able to get a hearg a Tulsa urt. Their fellow platiffs are Gay Phillips and San Barton, who legally married Canada and have a civil unn Vermont. Their lawsu also challeng the Defense of Marriage Act, cludg parts addrsed Wdsor's se but also phrasg that says dividual stat don't have to regnize same-sex marriag performed other jurisdictns. The upl' lawyer recently filed paperwork wh U.S. District Court Judge Terence Kern, the judge overseeg their se, notg the U.S. Supreme Court's lg se he was wag for the high urt to weigh on the issue, Baldw said. "We've had absolutely no guidance om the judge terms of what he's thkg, what his ia of is how this is gog to proceed," she said. "Jt let have our day urt. I mean, we're beg held hostage and the right of gays and lbians all over the state of Oklahoma are beg held hostage." A msage left wh Kern by The Associated Prs was not returned. The lawsu ma to the 10th U.S. Circu Court of Appeals 2006 after the district urt nied the ernor and the state attorney general's motn to dismiss the se. The appeals urt led 2009 that they lacked standg, so the two upl filed an amend plat removg the ernor and attorney general as fendants, and addg the Tulsa County Court clerk, who issu marriage licens. A trial was schled for May 2012, but was held up as other gay marriage-related s ma their way through other feral urts. After the upl' lawyer poted out the Wdsor cisn to Kern, lawyers for the Tulsa County clerk said the upl had overstated the U.S. Supreme Court's lg. "Wdsor do not forbid Stat like Oklahoma om prervg marriage as the unn of one man and one woman. On the ntrary, Wdor's (sic) repeated referenc to state sovereignty over the fn of marriage bolster the fense of Oklahoma's Marriage Amendment," attorney Byron Babne wrote. It's unclear what will happen the se. But Evan Wolfson, print of Freedom to Marry, ld Baldw and Bishop for their persistence. "Whatever the wisdom of a particular ligatn a particular state the midst of a natnal movement for the eedom to marry, upl like Mary and Sharon who have gone the full e to walk down the aisle attt to the unniable fact that marriage matters, for gay upl as for non-gay," Wolfson said. ___ Associated Prs wrer David Crary ntributed to this report om New York. ___ Follow Kristi Eaton on Twter at * oklahoma gay marriage ban *
Four more stat — Indiana, Pennsylvania, Wt Virgia and Wyomg — do not perm through state 17 days, Utah was the 18th state to allow gay upl to wed.
APPEALS URT STRIK DOWN OKLAHOMA GAY MARRIAGE BAN
Feral appeals urt upholds lg that stck down gay marriage ban and says state mt allow upl to wed * oklahoma gay marriage ban *
The fate of gay marriage Utah now rts the hands of a feral appeals urt uple Mary Bishop and Sharon Baldw had filed the Oklahoma lawsu along wh another same-sex uple November 2004, shortly after Oklahoma voters overwhelmgly passed the nstutnal amendment.
"Gay upl will not be allowed to marry the Sooner State jt yet, however.
FERAL APPEALS COURT STRIK DOWN OKLAHOMA GAY MARRIAGE BAN
* oklahoma gay marriage ban *
Tuday's cisn marks a major victory for the two platiff upl, Mary Bishop and Sharon Baldw, and Gay Phillips and San Barton, who challenged a 2004 voter-approved amendment that fed marriage as between one man and one also highlights a sea change the gay rights movement, as a growg number of stat–even the most nservative the untry–wns barriers to same-sex marriag llapse.
At the end of 2013, a feral judge stck down Utah’s ban on same-sex marriage, allowg gay upl to marry that state for a two-and-a-half week perd, before the Supreme Court tervened.
COURT FDS OKLAHOMA CANNOT BAN GAY NUPTIALS
Shortly after, gay upl filed su Arizona agast that state’s 17-year-old ban on same-sex marriage. “Judge Kern has e to the ncln that so many have before him -- that the fundamental equaly of lbian and gay upl is guaranteed by the Uned Stat Constutn, ” said Human Rights Campaign Print Chad Griff a statement on the Oklahoma lg.
“Wh last year’s historic victori at the Supreme Court guidg the way, is clear that we are on a path to full and equal cizenship for all lbian, gay, bisexual and transgenr Amerins.
OKLAHOMA GAY MARRIAGE BAN RULED UNNSTUTNAL BY JUDGE
Jtice Department’s cisn to give feral benefs to gay upl married Utah falls le wh a June cisn by the natn’s hight urt that gutted the feral Defense of Marriage Act, clearg the way for feral agenci to beg regnizg same-sex marriag.
OKLA. GAY MARRIAGE BAN STCK DOWN; LG ON HOLD
NEW: Expert: Feral judg strikg down state gay marriage bans "looks like a trend". District Court Judge Terence Kern said the urt would not immediately enforce this lg – therefore not openg the doors right away to marriag of gay and lbian upl Oklahoma – pendg appeals. She and her partner, Gay Phillips, have lived Oklahoma for more than 50 years.
At least 1, 000 marriage licens were issued for gay and lbian upl Utah between the time Shelby ma his lg and the U. Kern’s cisn – cg what happened Utah – to issue an immediate stay of his own cisn means no gay or lbian upl Oklahoma will be limbo as the se likely mov forward the feral urts.
Conservative ngregatns also want to separate om the nomatn bee they agree wh the ban on same-sex marriage and gay clergy, and want the bate to Uned Methodist Church ― Oklahoma's send-largt fah group ― is the midst of a schism that has been gradually wing over the urse of several s. Disagreement about the scriptural patibily of same-sex marriage and the ordatn of openly gay clergy is at the heart of the divi.