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Federal judge decides: Oklahoma’s ban on gay marriage is unconstitutional
Hotair ^ | 01/15/2014 | AllahPundit

Posted on 01/15/2014 7:49:12 AM PST by SeekAndFind

He’s a Clinton appointee but he’s been sitting on this case for, if you can believe it, nine years. Maybe that’s because he was waiting for the Supremes to tackle the issue or maybe he just didn’t want to touch it in a state as red as Oklahoma. Either way, the plaintiffs were unhappy. They’re happier today.

“The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution,” U.S. District Court Judge Terence Kern wrote.

The ruling will not go into effect immediately, Kern decided, issuing a stay of his decision based on the recent Supreme Court action granting a stay in the case challenging Utah’s ban on same-sex couples’ marriages…

Human Rights Campaign president Chad Griffin praised the ruling in a statement, saying, “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.”

Here’s the opinion, which is standard as far as equal-protection analysis of gay marriage by federal judges goes these days. His first task was to decide what to do with SCOTUS’s ruling in the Windsor case last year, which found Section 3 of DOMA unconstitutional on equal-protection grounds. Should he find that Oklahoma’s traditional marriage law is unconstitutional for the same reason, or should he give the state more deference than the feds got from the Supreme Court with DOMA? Ultimately he decides on both: States, being the historic locus for marriage laws, get more deference, but that deference isn’t unlimited. If they want to discriminate against gay couples, they need to show some rational reason for doing so. “Moral disapproval” isn’t a rational reason per the Supreme Court’s ruling in Lawrence v. Texas, the landmark case from 2003 that declared Texas’s anti-sodomy law unconstitutional. The upshot of Lawrence is that you can’t legislate morality when you’re targeting intimate relationships between consenting adults. You can regulate those relationships if you have some other rational reason for doing so, but the state couldn’t produce one here: “Encouraging procreation” doesn’t fly if you’re not also excluding straight infertile couples from marriage and “encouraging mother/father households” doesn’t fly if you can’t show how banning gay marriage would actually encourage the formation of those households. As I say, all of this is S.O.P. for federal SSM jurisprudence lately. The only real novelty is that, between this ruling and the ruling in Utah last month, the new legal battlefield over gay marriage lies in America’s reddest states. That may be an extra inducement for SCOTUS to deal with this sooner rather than later.

Kern, the Oklahoma judge, seems to think he knows which way that’ll go too:

ep

Anyway, you don’t want me blathering at you about law and gay marriage, especially when it’s another loss for social conservatism. What you want, via Ace, is … devil baby. Cleanse that palate.



TOPICS: Constitution/Conservatism; Front Page News; Government; US: Oklahoma
KEYWORDS: 1dontsearch; gaymarriage; homosexuality; oklahoma; rehash

1 posted on 01/15/2014 7:49:12 AM PST by SeekAndFind
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To: SeekAndFind

The 10th Amendment is now dead.


2 posted on 01/15/2014 7:55:46 AM PST by AU72
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To: SeekAndFind

Why are the federal judges trying to foist something on us that is wrong, unacceptable to normal society, favoring something that is immoral, and violates the 10th and 11th ammendment to the Constitution by calling it unconstitutional? The federal judges are the ones distorting the Constitution.


3 posted on 01/15/2014 8:00:30 AM PST by maxwellsmart_agent
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To: SeekAndFind

This Federal Judge has violated the Constitution. His opinion is VOID . The remedy is IMPEACHMENT. The political will to do what is right is nonexistent. “we the people ..in the Government lexicon translates “the people be damned. “


4 posted on 01/15/2014 8:09:04 AM PST by StonyBurk (ring)
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To: SeekAndFind

I wish they’d look at Ok’s ban on fish with wings too. That’s just not fair.


5 posted on 01/15/2014 8:09:15 AM PST by DManA
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To: maxwellsmart_agent

RE: Why are the federal judges trying to foist something on us that is wrong, unacceptable to normal society,

That is not what bothers me... I accept the fact that there will be idiotic, immoral, unconstitutional people sitting on the bench ( and appointed by an immoral President ).

What bothers me more is this — WHY ARE THE STATES NOT ASSERTING THEIR CONSTITUTIONAL RIGHT OF SOVEREIGNTY?

When did we become such cowards when facing the Federal Government?


6 posted on 01/15/2014 8:10:46 AM PST by SeekAndFind
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To: SeekAndFind

Ignore him Oklahoma, make this “judge” enforce his decree.


7 posted on 01/15/2014 8:13:21 AM PST by RightOnTheBorder
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To: RightOnTheBorder

RE: Ignore him Oklahoma, make this “judge” enforce his decree.

EXACTLY. I’d like to see what the Feds can do about it.

The more states assert their sovereign rights, the closer we are to the original intent of the constitution.

We must remember — IT WAS THE STATES THAT CREATED THE FEDERAL GOVERNMENT, NOT THE OTHER WAY AROUND.

In the era of massive federal government expansion, simple facts are easily lost. Lest we lose hold of our plumb line, even the simplest, most basic tenets of our founding principles bear repeating.


8 posted on 01/15/2014 8:15:19 AM PST by SeekAndFind
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To: SeekAndFind

I agree! I’ve wondered the same thing for some time, dating back to Roe versus Wade. Harry Blackman’s decision states that since one state had free access to abortion, the other 49 states had to go along. Wrong!


9 posted on 01/15/2014 8:20:34 AM PST by maxwellsmart_agent
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To: SeekAndFind

“The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution,” U.S. District Court Judge Terence Kern wrote.

Wrong Amendment moron.. If the Equal Protection clause allows Homosexuals to marry then it has to allow all others to marry. People that want more then one husband or wife. Brothers and sisters, pedophiles, etc.
It is either equal protection or it is not.........


10 posted on 01/15/2014 8:21:02 AM PST by SECURE AMERICA (Where can I go to sign up for the American Revolution 2014 and the Crusades 2014?)
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To: SeekAndFind

where in the Constitution does it mandate “gay marriage?”


11 posted on 01/15/2014 8:21:17 AM PST by faithhopecharity (C)
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To: SeekAndFind

So much for “government of the people, by the people, and for the people”.


12 posted on 01/15/2014 8:28:42 AM PST by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: SeekAndFind

What’s left to the Constitution? What’s left to the States rights? Not a damn thing in this land ruled by communists. The Democrats are pure communists and they have ruined America. America is finished.


13 posted on 01/15/2014 8:33:07 AM PST by Logical me
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To: SeekAndFind

We are in a dictatorship controlled by the worst communists that America has. It is unbelievable that we could have gone so far wrong. I place 60% of the blame on the American people. They have drifted in a godless breed of ignorant fools that are more like robots that the MSM and that godless Hollywood idiots have constantly pushed fantasy and left reality out of their lives.


14 posted on 01/15/2014 8:41:52 AM PST by Logical me
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To: SeekAndFind

When are State Supreme Courts going to start ruling Federal Courts have no standing to change state law?


15 posted on 01/15/2014 9:38:32 AM PST by El Laton Caliente (NRA Life Member & www.Gunsnet.net Moderator)
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To: maxwellsmart_agent

judges GENERALLY are like insects in the light. They don’t like it.

This gives these judges a way to pass the buck.

Also keep in mind all these judges know each other as friends and collegues.

It would not suprise me to know the fix was in. Judicial college seminars need to be recorded and public.


16 posted on 01/15/2014 11:01:09 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SeekAndFind

fun·da·men·tal
[fuhn-duh-men-tl]
adjective

1.serving as, or being an essential part of, a foundation or basis; basic; underlying: fundamental principles; the fundamental structure.

2.of, pertaining to, or affecting the foundation or basis: a fundamental revision.

3.being an original or primary source: a fundamental idea.

4.Music. (of a chord) having its root as its lowest note.
noun

5.a basic principle, rule, law, or the like, that serves as the groundwork of a system; essential part: to master the fundamentals of a trade.

How is homosexuality an ‘essential’ basis or part of our society?

Where in the Constitution, was it proclaimed that homosexuality is a “fundamental” principle, or structure of the foundation of this nation?

Where in the Constitution, does it support that these assertions are an “original, or primary idea?

Where in the Constitution, does it say that homosexuality has served as the “groundwork” of our system?

NEVER FORGET....The Devil is a LIAR. And the father OF THEM.


17 posted on 01/15/2014 11:11:15 AM PST by ourworldawry
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To: SeekAndFind

What about incest? Why can’t a brother and a sister get married? Look at how wonderful Prince Jofry turned out in Game of Thrones, handsome, tall, sociopathic...


18 posted on 01/15/2014 11:32:15 AM PST by Eleutheria5 (End the occupation. Annex today.)
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To: Eleutheria5

They will get to incest sooner rather than later. And the libertarians will be on the same side as the left again.

Even France finally banned incest in 2010


19 posted on 01/15/2014 11:35:53 AM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: GeronL

Awww. What about gay incest?

Brotherly love. Not like your motherly or otherly love...


20 posted on 01/15/2014 11:40:43 AM PST by Eleutheria5 (End the occupation. Annex today.)
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To: Eleutheria5

France finally banned it after a man married his daughter

I don’t think leftists would have anything against “brotherly love”


21 posted on 01/15/2014 11:42:38 AM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: GeronL

So progressiveness moves steadily onward. Bestiality next. Or should they go for pediophilia first? Decisions, decisions...


22 posted on 01/15/2014 11:44:57 AM PST by Eleutheria5 (End the occupation. Annex today.)
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To: Eleutheria5

Bestiality is already legal in some states, and apparently the Obama regime has made it legal for the armed forces


23 posted on 01/15/2014 11:51:51 AM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: GeronL

Gung ho! Semper fi!


24 posted on 01/15/2014 12:04:22 PM PST by Eleutheria5 (End the occupation. Annex today.)
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To: SeekAndFind
"...If they want to discriminate against gay couples...[sic]"

This shows an error by the author and/or the judge in this case.

One's rights are individual, they don't apply to a group of people.

Baldwin and Bishop have suffered no discrimination due to the fact that both of these individuals is free to marry someone of the opposite sex.

25 posted on 01/16/2014 2:18:42 AM PST by expatguy (Donate to "An American Expat in SE Asia" By Paypal)
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To: RightOnTheBorder

Ignore him Oklahoma, make this “judge” enforce his decree.

Personally I think it should go farther than that. In my opinion, Governor Fallin should have this judge arrested and escorted to the border and told to go and never return. The Founding Fathers NEVER intended for the Federal Government to interfere with state marriage laws.

IF President Obama can exceed the constitutional power of his office repeatedly, then I see no reason why a State’s governor should not exceed theirs...especially IF that governor is clearly upholding what the voters of that state clearly said they wanted. The ban on homosexual marraige overwhelmingly approved by the voters in Oklahoma.


26 posted on 01/16/2014 1:02:47 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: maxwellsmart_agent

“The federal judges are the ones distorting the Constitution.”
//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

As the great Al Martino sang, “More and More Every Day”.


27 posted on 01/18/2014 2:58:22 PM PST by RipSawyer (The TREE currently falling on you actually IS worse than a Bush.)
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To: Logical me

You are being altogether too kind to the American people, of which you and I are two examples. We have not valued what our founders gave us, we have flung our birthright into the ditch and gone whoring after the blue sky promises of charlatans. It all sounded far too good to be true because it is but we fell for it anyway.


28 posted on 01/18/2014 3:03:26 PM PST by RipSawyer (The TREE currently falling on you actually IS worse than a Bush.)
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To: SeekAndFind
Federal judge decides: Oklahoma’s ban on gay marriage is unconstitutional

Well "GOODY!" for him(?)



I guess he(?) hasn't heard the Higher Court's decision already...



Genesis 13:13
Now the men of Sodom were wicked and were sinning greatly against the LORD.

Genesis 18:20-21
20. Then the LORD said, "The outcry against Sodom and Gomorrah is so great and
their sin so grievous
21. that I will go down and see if what they have done is as bad as the outcry that has reached me. If not, I will know."

Genesis 19:4-7
4. Before they had gone to bed, all the men
from every part of the city of Sodom--both young and old--surrounded the house.
5. They called to Lot, "Where are the men who came to you tonight? Bring them out to us so that we can have sex with them
."
6. Lot went outside to meet them and shut the door behind him
7. and said, "No, my friends. Don't do this wicked thing.

Psalms 12:8 The wicked freely strut about when what is vile is honored among men.

Doonesbury Cartoon for Feb/08/2013

Isaiah 3:9 The look on their faces testifies against them; they parade their sin like Sodom; they do not hide it. Woe to them! They have brought disaster upon themselves.

2 Peter 2:13b Their idea of pleasure is to carouse in broad daylight. They are blots and blemishes, reveling in their pleasures while they feast with you.


Ezekiel 16:49-50
49. "`Now this was the sin of your sister Sodom: She and her daughters were arrogant, overfed and unconcerned; they did not help the poor and needy.
50. They were haughty and did detestable things before me. Therefore I did away with them as you have seen.



2 Peter 2

1. But there were also false prophets among the people, just as there will be false teachers among you. They will secretly introduce destructive heresies, even denying the sovereign Lord who bought them--bringing swift destruction on themselves.
2. Many will follow their shameful ways and will bring the way of truth into disrepute.
3. In their greed these teachers will exploit you with stories they have made up. Their condemnation has long been hanging over them, and their destruction has not been sleeping.
4. For if God did not spare angels when they sinned, but sent them to hell, putting them into gloomy dungeons to be held for judgment;
5. if he did not spare the ancient world when he brought the flood on its ungodly people, but protected Noah, a preacher of righteousness, and seven others;
6. if he condemned the cities of Sodom and Gomorrah by burning them to ashes, and made them an example of what is going to happen to the ungodly;
7. and if he rescued Lot, a righteous man, who was distressed by the filthy lives of lawless men
8. (for that righteous man, living among them day after day, was tormented in his righteous soul by the lawless deeds he saw and heard)--
9. if this is so, then the Lord knows how to rescue godly men from trials and to hold the unrighteous for the day of judgment, while continuing their punishment.
10. This is especially true of those who follow the corrupt desire of the sinful nature and despise authority. Bold and arrogant, these men are not afraid to slander celestial beings;
11. yet even angels, although they are stronger and more powerful, do not bring slanderous accusations against such beings in the presence of the Lord.
12. But these men blaspheme in matters they do not understand. They are like brute beasts, creatures of instinct, born only to be caught and destroyed, and like beasts they too will perish.
13. They will be paid back with harm for the harm they have done.
Their idea of pleasure is to carouse in broad daylight. They are blots and blemishes, reveling in their pleasures while they feast with you.



But there IS hope!!!

1 Corinthians 6:9-11

9. Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived:
Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders
10. nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.
11. And that is what some of you were. But you were washed, you were sanctified, you were justified in the name of the Lord Jesus Christ and by the Spirit of our God.


If you could NOT change, you would be in most pitiful shape...
 

 
 
 
 

29 posted on 01/19/2014 4:41:18 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Eleutheria5

Incest isn’t all THAT bad; as long as you keep it in the family.


30 posted on 01/19/2014 4:43:22 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: RipSawyer

No question!


31 posted on 01/19/2014 10:57:11 AM PST by maxwellsmart_agent
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To: Elsie

The family that lays together have more fingers per hand together.


32 posted on 01/19/2014 2:03:23 PM PST by Eleutheria5 (End the occupation. Annex today.)
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