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Oklahoma's same-sex marriage ban unconstitutional: Judge

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Oklahoma's same-sex marriage ban unconstitutional: Judge

A federal judge has struck down Oklahoma's constitutional ban of same-sex marriage, calling the voter-approved law an “arbitrary, irrational exclusion” of gay and lesbian couples from government benefits.

In a 68-page opinion filed Tuesday in U.S. District Court for the Northern District of Oklahoma in Tulsa, Judge Terrance Kern ruled that a 2004 amendment to the state's constitution outlawing same-sex marriage — as well as recognition of marriages performed legally in other states — violated the U.S. Constitution's guarantee of equal protection under the 14th Amendment.

“Equal protection is at the very heart of our legal system and central to our consent to be governed. It is not a scarce commodity to be meted out begrudgingly or in short portions,” Judge Kern wrote.

Although 75% of voters approved the state's ban on same-sex marriage, “the majority view in Oklahoma must give way to individual constitutional rights,” the judge ruled.

Broken Arrow, Okla., residents Sharon Baldwin and Mary Bishop and a second lesbian couple living in Tulsa County brought the lawsuit against the county, state and federal governments in 2004, shortly after the state's same-sex marriage ban was voted into law.

The lawsuit initially sought to overturn both the Oklahoma amendment and the federal Defense of Marriage Act, and spent more than seven years in procedural hearings. It also was put on hold for several months in 2013 during the U.S. Supreme Court's deliberations in United States v. Edith Windsor et al. and Dennis Hollingsworth et al. v. Kristin M. Perry et al.

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During the bench trial, attorneys representing Tulsa County Clerk Sally Howe Smith, who denied marriage licenses to both couples, argued that the ban was justified because it promotes morality and encourages responsible procreation and child-rearing in a “stable family unit.”

Judge Kern disagreed, ruling that no credible evidence had been presented to support either asserted justification.

Attorneys for the county clerk also argued that banning same-sex marriage furthered the state's interest in avoiding negative effects on the institution of marriage.

“Exclusion of just one class of citizens from receiving a marriage license based upon the perceived 'threat' they pose to the marital institution is, at bottom, an arbitrary exclusion based upon the majority's disapproval of the defined class,” Judge Kern said. “It is also insulting to same-sex couples, who are human beings capable of forming loving, committed, enduring relationships.”

In separate statements, Oklahoma Gov. Mary Fallin and Attorney General Scott Pruitt said they were disappointed with the ruling.

While the ruling represents a victory for gay and lesbian couples seeking marriage equality in Oklahoma, it may be some time before they can exercise that right. Noting that the U.S. Supreme Court recently granted a temporary stay of a Utah federal judge's decision to overturn that state's constitutional ban on same-sex marriage, Judge Kern delayed implementing his ruling affecting Oklahoma's law pending potential appeals.

The Scottsdale, Ariz.-based Alliance Defending Freedom, a conservative law group that represented Ms. Smith, said in a statement that it had not determined if it would appeal Judge Kern's ruling.