Skip to comments.US Appeals Court Tosses Oklahoma Gay Marriage Ban [Consequences of Kennedy Opinion]
Posted on 07/18/2014 11:14:43 AM PDT by Steelfish
US Appeals Court Tosses Oklahoma Gay Marriage Ban OKLAHOMA CITY Jul 18, 2014 By SEAN MURPHY and NICHOLAS RICCARDI
A federal appeals court ruled Friday that Oklahoma must allow gay couples to wed, prompting a fast, angry response from leaders of a state that has vehemently fought policy changes brought on from outside its borders.
A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver upheld a federal judge's ruling striking down Oklahoma's gay marriage ban, which had been approved by more than 75 percent of voters in 2004. Friday's decision marks the second time the federal appeals court has found the U.S. Constitution protects same-sex marriage.
The court put its 2-1 ruling on hold pending an appeal, meaning same-sex couples won't be allowed to marry in Oklahoma for now.
"Today's ruling is another instance of federal courts ignoring the will of the people and trampling on the right of states to govern themselves," Gov. Mary Fallin said. "In this case, two judges have acted to overturn a law supported by Oklahomans."
She said she hoped the decision was overturned and pledged to "fight back against our federal government when it seeks to ignore or change laws written and supported by Oklahomans."
Oklahoma has made a habit in recent years of battling federal laws and policies, with the state suing over health care reform, Environmental Protection Agency requirements and the Dodd-Frank financial reform law. The state last year also refused to process benefits for same-sex couples in the National Guard, instead ordering that those workers' benefits be processed at federal facilities.
Friday's decision comes after the same three-judge panel ruled in June that Utah's ban on same-sex marriage violates the Constitution.
(Excerpt) Read more at abcnews.go.com ...
NOT “unexpected” in a “fundamentally transformed” Amerika. I wonder how much longer we’re going to have to put up with this “judicial” fiasco. Until they go through all 57 states?
Twisting it for the Twisted
Oh this is just the beginning. We aren’t going to get the WH for a VERY long time. A couple Conservative justices are O L D. We will have no conservative appointments ... again. And the worst part? The majority of Amerika is in agreement about this (and a lot of other LibTard positions) and that majority is growing.
I’ve said before and I’ll say it again ... it’s times like this I’m glad I’m old.
A 2-1 ruling, meaning that at least one sane judge dissented. It’s just a luck of the draw with these appeals courts - one could just as easily draw three rational judges which would uphold real marriage in state laws.
When will some gutsy governor simply say, “We will not abide by this ruling. It is unjust, politically motivated and against the beliefs of the people of our state.”
Sorry, no. There are almost no "rational judges" left in the system.
Oklahoma should take a page from Obama’s book and simply ignore the ruling.
“When will some gutsy governor simply say, We will not abide by this ruling. It is unjust, politically motivated and against the beliefs of the people of our state.”
When states did that before, Eisenhower sent in the National Guard. I would expect Obama to do the same thing.
Well, there was at least one on this panel. And, believe it or not, there are a few on the Ninth Circus as well.
Here's what Governor Fallin, as well as other states whose constitutional amendments defining marriage (There is no such thing as a "gay-marriage ban," stop repeating the Left's narrative) were overturned by rogue black robes:
"Oklahoma will disregard this latest ruling, as well as any other federal rulings overturning our constitutional amendment, until the Supreme Court of the United States decides."
Yep, well said.
3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added]. Minor v. Happersett, 1874.
In fact, the Supreme Court had also warned against interpolating meanings from the Constitution.
3. The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition [emphasis added]. United States v. Sprague, 1931.
Sadly, the reason that activist judges are getting away with perverting the Constitution, imo, is that many generations of parents have not been making sure that their children are being taught the difference between legislative and judicial powers and the reason for constitutionally enumerated rights versus 10th Amendment-protected state powers.
As if the courts declared a dog’s tail to be a leg, therefore a dog has five legs. BUT we know it ain’t so!
A court declaration does not make a tail a leg anymore than a court declaration can make and illusionary “marriage” (same sex) real..
Just ignore the judges’ ruling, as they ignored the clear intent of the people. What are the judges going to do to enforce it?
States have the option to just ignore federal courts and judges when they issue unconstitutional rulings. The federal government has no business meddling in marriage issues.
They'll do what Eisenhower did by using the brute force of the US military, killing state citizens if necessary.
Yes, we've come to this.
Ovaer and over and over, democrat appointed judges are shooting down gay marriage ban laws. There is only one way to defeat this. That is to vote Republican until they stop doing it!
If it didn’t happen in the 40+ years of making states treat the murder of unborn people as legal, I doubt if it happens over ‘gay marriage’ now.
Yeah, sure, let them try that.
Wickedness run amok.
Let these degenerate scumbags go back to chasing ambulances.
Sounds like the Right has a new champion in Governor Fallin.
Arrest the two judges under state law. Deny bail and throw them in general population until the courts settle things. Then the State AG can say this is exactly how the state will deal with federal judges who violate state law on tenuous federal grounds.
Just do it.
What good is a corrupt judiciary when no one respects or abides by their rulings? They become irrelevant and threaten the legitimacy of the entire federal judiciary. Make examples of them and this federal judicial activism will stop.
This isn't the 50's.
The CPUSA that is now calling the shots in DC isn't going to get away with siccing the Guard on Oklahoman s or any other righteous REAL AMERICANS.
American communists 15 minutes is almost up.
How, exactly, are we any different in the 2010’s than we were in the 1950’s? If anything, we’re much more wimpish.
I’m thinking the military is the wildcard now
More likely to turn on the marxists giving orders to take out Americans
Already starting with the Border Patrol