Constitutional Law

Another state's same-sex marriage ban is struck down by a federal judge


A federal judge has overturned Oklahoma’s ban on same-sex marriage following a similar ruling in a Utah case that is pending before a federal appeals court.

U.S. District Judge Terence Kern of Tulsa ruled on Tuesday that the ban, incorporated in a state constitutional amendment, violates the equal protection clause. The Washington Post, the New York Times and the Wall Street Journal (sub. req.) have stories. How Appealing links to the decision (PDF) and additional coverage.

Two of the plaintiffs are editors at the Tulsa World newspaper.

Kern stayed his ruling pending a likely appeal before the Denver-based 10th U.S. Circuit Court of Appeals, the same court that will hear the Utah case. The U.S. Supreme Court stayed the Utah ruling on Jan. 6 after nearly 1,300 same-sex couples in the state were married.

Prior coverage:

ABAJournal.com: Same-sex marriages in Utah will be recognized by federal government, Holder says

ABAJournal.com: Utah AG sees ‘legal limbo’ for same-sex marriages after SCOTUS puts the unions on hold

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