What Did the Supreme Court Want Windsor to Mean For State Bans?

Written by scott on January 17th, 2014

US Supreme CourtSome of our readers have pointed in the comments recently to the Slate piece published by Mark Joseph Stern yesterday titled-provocatively-”Judge Strikes Down Oklahoma’s Gay Marriage Ban, Calls Supreme Court’s Bluff.”

As readers of this site likely already know, a federal district court judge on Tuesday ruled that Oklahoma’s marriage equality ban is unconstitutional, staying his decision pending future higher court rulings but setting the stage for another equal marriage appeal before the Tenth Circuit, which is currently considering another pro-marriage equality ruling out of Utah.

Judge Kern’s 68-page ruling is thorough and persuasive, and also a little unusual: he praises the plaintiff same-sex couples for their tenacity in pursuing the lawsuit over the last decade (it was filed in late 2004), and in the same breath as he dismisses one of the couple’s legal complaints for lack of standing, he quotes Harriet Beecher Stowe, no less: “[N]ever give up, for that is just the place and time that the tide will turn.”

Authored By Jacom Combs – See the Full Story at Equality on Trial

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