Skip to comments.Federal judge strikes down Okla. same-sex marriage ban
Posted on 01/14/2014 8:07:48 PM PST by optiguy
Oklahoma's gay marriage ban violates the U.S. Constitution, a federal judge ruled on Tuesday. U.S. District Judge Terrence Kern handed down the ruling in a lawsuit filed by two same-sex couples. Kern immediately stayed his ruling pending appeals, meaning gay marriages won't happen in Oklahoma right away. The gay couples had sued for the right to marry and to have a marriage from another jurisdiction recognized in Oklahoma. The Oklahoma ruling comes about a month after a federal judge in Utah overturned that state's ban on same-sex marriage. Hundreds of couples got married there before the U.S. Supreme Court intervened, putting a halt to the weddings until the courts sort out the matter. Kern, whom Fox 25 reports is a Clinton, Okla. native, cited that case in issuing the stay of his own ruling. The constitutional amendment approved by Oklahoma voters says marriage in the state consists only of the union of one man and one woman. Kerns said the measure violates the U.S. Constitution's equal protection clause by precluding same-sex couples from receiving an Oklahoma marriage license.
(Excerpt) Read more at foxnews.com ...
For any who think we may be entering some kind of ‘golden age’ for social liberals, you are correct. However if demographers are correct in their analysis of religious trends in Europe and the USA going forward, this ‘golden age’ is likely to be short-lived.
This essay is written from a left wing perspective, but it foretells the coming birthrate crisis of liberalism, to occur in this century.
Conservatives, you need not waste your time arguing with liberals trying to change their mind, or give them any sense of ethics. Its not worth your time. The doctrine for conservatives in this day and age is thus.
1) Be fruitful
3) Keep your kids out of public school
Judicial tyranny — unprecedented in American history, and We The Sheeple just sit here and take it.
Here is the problem: Homosexuals have the same exact rights as heterosexuals. They have the right to marry a member of the opposite sex if they are not close relatives, are both of age, and neither is already married.
The problem is, they want a new right.
Thank goodness the Congress and the States were so thoughtful as to adopt the 14th Amendment way back in 1868 so as to secure the right of gay marriage. That is why they adopted it, right?
Time to amend the U.S. Constitution
Trust me, the queers will win as they seem to do everywhere. Perversion is the way we are going and the courts, for the most part, are in agreement.
Sodom and Gomorra anyone?
It seems like liberals take a perverted interest in imposing their wicket self-destructive ways upon those of us who like them least. Seriously Utah and Oklahoma?
Theses people are incapable of leaving other people alone. If two dikes want to be recognized as somehow man and wife they should do it in a different state among a different people who know nothing of marriage. Perhaps New York for example.
They have no business telling Oklahoman or Utans what to believe about an institution as old as man.
but you're right....this is all very fixable if the Christian multitudes would start producing children like old fashioned Catholics or Mormons...
no children...no power...that's the whole deal...
“Time to amend the U.S. Constitution”
That time has passed, we couldn’t get the support today in this atmosphere for such an amendment. We will have to wait till our countrymen come to there sense and get over the “politically correct” nonsense about the homosexual life being anything other than a path toward self-destruction and extinction.
Besides if we have to amend the Federal Constitution every-time the Federal Employees invents(IE: ‘discovers’) a new “right” invariably at the expense of other rights both enumerated and otherwise we will soon have a constitution in the thousands of pages, and very little freedom because with each amendment comes the potential for yet more illiterate Federal creativity.
The only amendment I would suggest we pass would be one that repeals the 14th amendment, which has thus far proven to be a most convenient source for most of this abuse while otherwise unnecessary. Being that it was an amendment passed by Short sited radical republicans in the antebellum period and ‘ratified’ only under occupation of the south and the presumption that even northern States could not resend their ratification of amendments, as several States did after elections on the matter proved the people did not consent to this amendment.
Karma....Karma will come around I truly believe this....
Mormonism is becoming monolithic due to its reproductive rates. Even groups like the Amish, it is ASTONISHING how much these groups have grown over just a few decades. If you took away all of the Latinos who vote Democrat in the past decades, along with other more minor immigrant groups who vote Democrat, progressivism would be dying a painful death. White liberals just don’t have enough kids.
I think Israel is a microcosm of the world, just a few steps ahead. The secular liberal Jews have aborted themselves out of existence, while the Haredi will be the majority by beginning of the century’s second half.
Conservatives, whenever told “Demographics are destiny!” by some snotty liberal should reply “They certainly are.”
As a Christian, I don’t believe so much in karma as I believe in G_ds judgment, and His judgment will be the final judgment on those that promote, further and accept these perverts.
One interesting thing is that this deviancy has finally reached a state (OK) that I don’t think will take it too lightly. The only other (red) states probably more innately antagonistic towards federal tyranny and unwilling to buckle to the degenerate fag agenda might be TX, LA, and MS.
The late Ruth Graham used to say that God would have to destroy the USA or He would have to “apologize to Sodom and Gomorrah.” Seems like the Almighty is waiting patiently for the people of the USA to destroy themselves.
“White liberals just dont have enough kids.”
They have too many. Abortions should be restricted to confirmed Liberal women, and for that group they should be free or heavily subsidized.
It is time that these judges have their power revoked.
Indeed. We are living in Romans 1. I’m so mad at them for doing this to Oklahoma.
U. S. District Judge Terrence Kern — Clinton appointee. Enough said.
I have long quit delving into the politics of this stuff. It’s like delving into a ripe septic tank.
Still there might actually be a point. Some of these bans, and/or the arguments tendered in court to favor them, might be coming from the wrong angle. As long as liberals can successfully paint it as civil rights, we are going to have trouble.
We need to come from a point of strength here. Why is it virtuous to act straight? We should not be ashamed to point out that anyone can now act any way they want in private and nobody has the right to stop them, and this is as far as we need to go. However, keeping a straight face matters. (As it is said, hypocrisy is the tribute that vice pays to virtue... i.e. there are worse things to be for a society than to be a hypocrite.)
Well, it minimizes overt influences to folks that will cause them to sink into further confusion. Empirical psychological studies will back this up in spades. And it can be put in terms that even liberals will agree with. (”What goes around comes around” doesn’t just come in a conservative flavor.) For example, if it takes a village, shouldn’t at least the village have a facade which doesn’t say “Go ahead, be an idiot”?
This is the problem - our country is doomed to destruction.
Who the Heck do these Judges think they are in making laws? Especially those that are part of a state’s constitution??
Or more precisely where do they believe we are: In Hell..?
Let’s hope the Governor of Oklahoma has the b*lls that the governor of Utah lacked, but standing up the Feds and telling them “not to allow gay marriages” in Ok. The liberals through the Judiciary ARE the ones who have ~started~ this Constitutional Crisis. Neither Federal Law nor the US Constitution is supposed to override state constitutions except in areas specifically referred to in our US Constitution (aka preservation of our enumerated rights). And the application of law especially as it is presumed to be ruled on in by the Federal Courts SHOULD NOT try to overturn this: Impeach the Judicial tyrants! Where is our Congress with Impeachment proceedings..
Born in Clinton, Oklahoma, Kern received a B.S. from Oklahoma State University in 1966 and a J.D. from the University of Oklahoma College of Law in 1969. He was in the United States Army Reserve from 1969 to 1975. He was a general attorney of Federal Trade Commission, Division of Compliance, Bureau of Deceptive Practices from 1969 to 1970. He was in private practice in Ardmore, Oklahoma from 1970 to 1994.
Kern is a federal judge on the United States District Court for the Northern District of Oklahoma. Kern was nominated by President Bill Clinton on March 9, 1994, to a new seat created by 104 Stat. 5089. He was confirmed by the United States Senate on June 8, 1994, and received his commission on June 9, 1994. He served as chief judge from 1996-2003. He assumed senior status in January 2010.
On January 14, 2014, Judge Kern held that the Oklahoma Constitution's definition of marriage as limited to "the union of one man and one woman" violates the Equal Protection Clause of the Fourteenth Amendment. The suit, Bishop v. Oklahoma, had been filed by two lesbian couples against the Tulsa County Clerk and others. The ruling has been stayed pending appeal. The amendment banning same-sex marriage was passed by the voters in 2004, and its legislative history was cited in the ruling.
Really bizarre - the Supreme Court held that state laws could not be trumped by the federal law when it came to same-sex marriage - that if a state had approved ssm then federal benefits couldn’t be denied on the basis of the federal DOMA - yet that ruling is being used all over the country to justify overturning state bans on same-sex marriage because of the federal constitution - if anything the Supreme Court decision should be strengthening decisions made at the state level, and when the issue returns to the SC it clearly should look to that prior judgment to uphold state bans - for now, truly the judicial makes up the outcomes it wants and then twists the laws to fit the results...
Intolerant in NJ - The liberals understand that the left side of the court makes decisions first, and rationalizes later. In the Windsor decision they argued from state rights perspective, when they federalize gay marriage they will argue the opposite. Logically coherent? No. But to these people the ends justify the means and the law says whatever they want it to say, living Constitution and all. Don’t look for logic where there is none.
more like Sodom and Gonorrhea.
She doesn’t, literally or figuratively. Okies had to hold her feet to the fire to keep her from accepting the Obamacare devil’s deal. Fallin is a RINO, although she pretends to be conservative. I’m afraid Oklahoma will knuckle under just as all the other states have.
Did Judge Kern ever quote WHERE in the Constitution backs up his ruling?
” Kerns said the measure violates the U.S. Constitution’s equal protection clause by precluding same-sex couples from receiving an Oklahoma marriage license.”
Oops, just saw it, but it doesn’t make any sense, but dictator-like judges don’t care about that.
Another liberal activist “judge” legislating from the bench again. Wake up America!!!
Why are they not satisfied with a civil union?
Where in the 14th amendment does it say that queers have the right to trump vast majority of American citizens?
It is time for the removal of any judge whom thwarts the voice of the people.
It won't be like we want
But its coming
It might destroy us
If were lucky it ll be. Quick...cooler heads and all
Or it could be the worst thing that has ever happened in history
But something will break
The cultures and yes...to
some degree the race and religion that dominated and mostly civilized the planet is being blamed for success and deconstructed
I don't think everyone will roll over
Pockets of resistance
Rural people..southerners.... look at recent history
Did the off maligned Serbs roll over....we have some here will fight back
I'm preparing mine...
Its not something I want but politics ain't gonna fix this..they....our enemies... have the numbers now
Sodomy must be celebrated. This is the new law in the USA.
The time to amend the U.S. Constitution was 15 years ago, but a bunch of Senate Republicans insisted that it was “unnecessary” because they had passed the good ol’ “Defense of Marriage Act” that would protect us from activist judges. Back in 1999, the Federal Marriage Amendment would have gotten 2/3 of each house and easily been ratified by the state legislatures in 38 states, but today such an amendment would not get close to 2/3 in either house.
Good point. We see people around us get metaphorically zapped for disobeying God’s principals. It happens all the time. The human debris composing the courts and government are under the same divine sentence.
One thing people may not know when dealing with the average Okie: we’re all latent zealots. Just need a little spark. I’m interested to see how this goes. They have the wrong governor for this fight. She’s a latent progressive.
The Gov of Oklahoma will do nothing. Nothing at all. She is worthless.
You forgot —Keep your weapons clean—
Keep them loaded— keep them Ready. An unloaded gun is no better than a stick when needed and the bad guys tend not to play the game according to Colt.
I wish we didn’t live in such interesting times, for the sake of our kids. It’s going to be brutal.
Alas, Brave New Babylon, one minute trailer
Time to remember—and to teach our children that which Webster taught of our obligation to select as our rulers “just(Honest/Righteous) men who will rule in fear(or reverence) of Almighty God. when we choose our politicians according to the how do they look on TV standard or the what will they give me standard—or any other standard contrary to that held forth by our founders —we have this problem.
One gets more of that behavior that is encouraged and less of that which is penalized. The State began to reward those citizens who wanted to breach the bonds of “marriage” and called it “no fault Divorce” and the State refused to penalize those who were unfaithful” and we the people chose for our rulers men who were NOT faithful. And we allowed our public institutions to teach that ours is a godless (sic. secular) society and we allowed those who do not believe be encouraged while we penalized the Religious and Pious man. Marriage is as Jesus ,that Rabbi from Nazareth told the Legal Scholars of His day “as it was in the beginning God Created them male and female, and said for this cause a man shall leave his father and his mother and shall cleave to his wife and the two shall be one flesh. Anything else is NOT “marriage”
According to many, this is the basic question we must answer in a compelling manner:
How does Mary Bishop and Sharon Baldwin being married hurt me and my marriage?
My one line answer is: Gay marriage makes my culture more dangerous.
Is there a better answer than that?
Of course, we could reject the above question as the basic question.
Tony Perkins, of the Family Research Council, doesn’t seem to accept that as the basic question. He said, “(this judge) is substituting his own ideology for the three-quarters of Oklahomans who voted to preserve marriage in their constitution as it has always been defined.”
He sees it as perhaps: “Why should one ideology rule over another?” (That could be framed better.)
While I think he is right, that approach hasn’t gotten any traction over the last decade or so. But, it that reason to give up on that approach.
Yes. Amend it so activist black robed tyrants can't, by their own whim, override the will of the people.
They may be able to get married but they will never enter the bounds of Holy Matrimony.
They are married to their sin.
Because actual state accepted ‘gay marriage’ offers more scope to punish those who don’t buy into it than a civil union.
The US Supreme Court will strike this one down. The reason? The state’s attorney general will fight for the people, something the uber liberal Jerry Brown would not do as California AG when the sodomite judge ruled against the will of the people. The specific reason the US Supreme Court would not even take the case is because the people of the state of California had no one fighting for them in court. They were hung out to dry by Jerry Brown. This will not be the case in Oklahoma or any other state that has a republican AG.........if he wants to be reelected. The US Supreme Court has saw for the last 40 years how Roe v. Wade tore this country apart and they are not about to make the same mistake with marriage. The people will get the last word on this one.
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.