Oklahoma Gay Marriage Ban Declared Unconstitutional

Gay Marriage

Judge Terence Kern, a U.S. District Court judge for the Northern District of Oklahoma, gave his ruling this afternoon in which he declared that a ban on gay marriage is unconstitutional. The declaration is the result of a lawsuit brought against the state by Mary Bishop and Sharon Baldwin and Gay Phillips and Susan Barton, in 2004. The case, Bishop v. Oklahoma, was filed in the U.S. Northern District Court of Oklahoma. Kern ruled on a constitutional amendment approved by Oklahoma voters in 2004 that says marriage in the state shall consist only of the union of one man and one woman.

Part of the 68-page decision reads:

Applying deferential rationality review, the Court searched for a rational link between exclusion of this class from civil marriage and promotion of a legitimate governmental objective. Finding none, the Court’s rationality review reveals Part A as an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit.

Chad Griffin, president of Human Rights Campaign, released the following statement on the ruling:

Judge Kern has come to the conclusion that so many have before him – that the fundamental equality of lesbian and gay couples is guaranteed by the United States Constitution. With last year’s historic victories at the Supreme Court guiding the way, it is clear that we are on a path to full and equal citizenship for all lesbian, gay, bisexual and transgender Americans. Equality is not just for the coasts anymore, and today’s news from Oklahoma shows that time has come for fairness and dignity to reach every American in all 50 states.

The ruling does not allow for the immediate introduction of gay marriage in Oklahoma, as it is stayed pending circuit appeal.  Oklahoma Attorney General Scott Pruitt's office did not immediately have a comment on the ruling.

h/t: Huffington Post, KJRH.com