Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

US Appeals Court Tosses Oklahoma Gay Marriage Ban [Consequences of Kennedy Opinion]
ABCNews ^ | July 18, 2014

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 ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Oklahoma
KEYWORDS: homosexualagenda

1 posted on 07/18/2014 11:14:43 AM PDT by Steelfish
[ Post Reply | Private Reply | View Replies]

To: Steelfish

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?


2 posted on 07/18/2014 11:17:33 AM PDT by FlingWingFlyer (The future must not belong to those who slander bacon.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steelfish

Twisting it for the Twisted


3 posted on 07/18/2014 11:20:27 AM PDT by molson209 (Blank)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FlingWingFlyer

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.


4 posted on 07/18/2014 11:21:18 AM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 2 | View Replies]

To: Steelfish

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.


5 posted on 07/18/2014 11:23:03 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steelfish

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.”


6 posted on 07/18/2014 11:25:39 AM PDT by Dr. Thorne ("Don't be afraid. Just believe." - Mark 5:36)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude
one could just as easily draw three rational judges which would uphold real marriage in state laws

Sorry, no. There are almost no "rational judges" left in the system.

7 posted on 07/18/2014 11:28:26 AM PDT by madprof98
[ Post Reply | Private Reply | To 5 | View Replies]

To: Steelfish

Oklahoma should take a page from Obama’s book and simply ignore the ruling.


8 posted on 07/18/2014 11:30:09 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dr. Thorne

“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.


9 posted on 07/18/2014 11:30:24 AM PDT by Oliviaforever
[ Post Reply | Private Reply | To 6 | View Replies]

To: RIghtwardHo
With the overturning of DOMA and the definition of marriage in federal law isn't it up to the individual states to define marriage for their own citizens? Both the Constitution and now federal law are silent on marriage. How can the XIV amendment be used to force one state to accept the laws of another state?

CC

10 posted on 07/18/2014 11:32:58 AM PDT by Captain Compassion
[ Post Reply | Private Reply | To 4 | View Replies]

To: madprof98

Well, there was at least one on this panel. And, believe it or not, there are a few on the Ninth Circus as well.


11 posted on 07/18/2014 11:40:56 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Steelfish
"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.

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."

12 posted on 07/18/2014 11:44:16 AM PDT by Extremely Extreme Extremist
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dr. Thorne

Yep, well said.


13 posted on 07/18/2014 11:44:34 AM PDT by Extremely Extreme Extremist
[ Post Reply | Private Reply | To 6 | View Replies]

To: Steelfish; All
As mentioned in related threads, activist judges are wrongly ignoring that the states have never amended the Constitution to expressly protect so-called gay rights, gay marriage in this example. Institutionally indoctrinated judges are subjectively reading the "right" to gay marriage into the Equal Protections Clause of Section 1 of the 14th Amendment (14A), ignoring that justices from the same generation that ratified 14A had clarified that the amendment added no new protections to the Constitution.
“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.

14 posted on 07/18/2014 11:55:49 AM PDT by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steelfish

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..


15 posted on 07/18/2014 12:17:22 PM PDT by Ruy Dias de Bivar (Sometimes you need more than seven rounds, Much more.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steelfish

Just ignore the judges’ ruling, as they ignored the clear intent of the people. What are the judges going to do to enforce it?


16 posted on 07/18/2014 1:00:45 PM PDT by Boogieman
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steelfish

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.


17 posted on 07/18/2014 1:06:50 PM PDT by lakecumberlandvet (Appeasement never works.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Boogieman
What are the judges going to do to enforce it?

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.

18 posted on 07/18/2014 2:06:11 PM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Steelfish

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!


19 posted on 07/18/2014 2:08:28 PM PDT by maxwellsmart_agent
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dr. Thorne

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.

FReegards


20 posted on 07/18/2014 2:31:32 PM PDT by Ransomed
[ Post Reply | Private Reply | To 6 | View Replies]

To: fwdude

Yeah, sure, let them try that.


21 posted on 07/18/2014 2:58:51 PM PDT by Boogieman
[ Post Reply | Private Reply | To 18 | View Replies]

To: Steelfish

Isaiah 5:20

Wickedness run amok.


22 posted on 07/18/2014 5:03:26 PM PDT by SoFloFreeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: RIghtwardHo

Nope.


23 posted on 07/18/2014 5:05:47 PM PDT by SoFloFreeper
[ Post Reply | Private Reply | To 4 | View Replies]

To: Steelfish
This is the beginning of the end of the tyranny of the feral judges.

Let these degenerate scumbags go back to chasing ambulances.

24 posted on 07/18/2014 5:10:26 PM PDT by Rome2000
[ Post Reply | Private Reply | To 1 | View Replies]

To: Extremely Extreme Extremist

Sounds like the Right has a new champion in Governor Fallin.


25 posted on 07/18/2014 5:14:38 PM PDT by Rome2000
[ Post Reply | Private Reply | To 12 | View Replies]

To: Dr. Thorne

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.


26 posted on 07/18/2014 5:18:05 PM PDT by Justa
[ Post Reply | Private Reply | To 6 | View Replies]

To: fwdude
They'll do what Eisenhower did by using the brute force of the US military, killing state citizens if necessary.

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.

27 posted on 07/18/2014 5:24:30 PM PDT by Rome2000
[ Post Reply | Private Reply | To 18 | View Replies]

To: Rome2000

How, exactly, are we any different in the 2010’s than we were in the 1950’s? If anything, we’re much more wimpish.


28 posted on 07/19/2014 4:34:27 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: fwdude

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


29 posted on 07/20/2014 5:16:38 AM PDT by Rome2000
[ Post Reply | Private Reply | To 28 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson