Tuesday, January 14, 2014

Federal Court Rules Oklahoma Ban on Gay Marriage Unconstitutional

First Utah and now Oklahoma!  Who would have expected that two of the most reactionary anti-gay states would see federal courts strike down their bans on gay marriage!  It goes without saying that the Christofascists will be having apoplexy and engaging in spittle flecked rants about "activist judges."  Judges are activists, of course, only when they rule against Christofascist positions.  Otherwise, they are deemed wise and thoughtful.  The hypocrisy is off the charts.  But back to Oklahoma.  The Tulsa World has details on today's ruling  - the opinion can be viewed here - which, in some ways should come as no surprise after the Supreme Court ruling in United States v. Windsor.  Here are story excerpts:

U.S. Senior District Judge Terence Kern ruled Tuesday that Oklahoma’s ban on marriage equality is unconstitutional.

The ruling is stayed pending appeal, meaning marriages will not occur immediately in Oklahoma.
In striking down Oklahoma's ban on same-sex marriage, U.S. District Judge Terrence Kern described it as "an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit."

"Equal protection is at the very heart of our legal system and central to our consent to be governed," Kern's 68-page decision says. "It is not a scarce commodity to be meted out begrudgingly or in short portions. Therefore, the majority view in Oklahoma must give way to individual constitutional rights.”
Oklahoma Gov. Mary Fallin issued a statement saying she was "disappointed" in Kern's ruling and noted that Oklahoma's constitutional amendment banning same-sex marriage passed with 75 percent support in 2004.

Human Rights Campaign president Chad Griffin praised Kern's ruling, saying the judge came "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. . . . . 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 Bishop couple has been in a loving, committed relationships for many years," the judge said. "They own property together, wish to retire together, wish to make medical decisions for one another, and wish to be recognized as a married couple with all its attendant rights and responsibilities."
But Oklahoma's constitutional amendment "excludes the Bishop couple, and all otherwise eligible same-sex couples, from this privilege without a legally sufficient justification," Kern said.
I truly look forward to the day when Christians are in the minority in America and have to start worrying that others will treat them the way they have treated others for centuries.  Talk about Divine justice. 

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