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Federal judge strikes down Okla. same-sex marriage ban
FoxNews.com ^ | January 14, 2014

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 ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; US: Oklahoma
KEYWORDS: gay; gaystapo; homosexualagenda; lavendermafia; liberalagenda; marriage; oklahoma; queerlybeloved; ssm; terrencekern
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To: JSDude1

The Gov of Oklahoma will do nothing. Nothing at all. She is worthless.


41 posted on 01/15/2014 4:45:05 AM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: Viennacon

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.


42 posted on 01/15/2014 5:12:48 AM PST by StonyBurk (ring)
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To: wardaddy

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

http://youtu.be/3zHfbEJppL4


43 posted on 01/15/2014 5:16:22 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: BeckB

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.


44 posted on 01/15/2014 5:16:22 AM PST by StonyBurk (ring)
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To: 43north

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”


45 posted on 01/15/2014 5:23:03 AM PST by StonyBurk (ring)
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To: optiguy; P-Marlowe; narses; little jeremiah; scripter; Girlene; onyx; jazusamo; Frumanchu; ...

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.


46 posted on 01/15/2014 5:44:42 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: BeckB
Time to amend the U.S. Constitution

Yes. Amend it so activist black robed tyrants can't, by their own whim, override the will of the people.

47 posted on 01/15/2014 6:02:33 AM PST by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: xzins

They may be able to get married but they will never enter the bounds of Holy Matrimony.

They are married to their sin.


48 posted on 01/15/2014 6:07:27 AM PST by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: Beowulf9

Because actual state accepted ‘gay marriage’ offers more scope to punish those who don’t buy into it than a civil union.

FReegards


49 posted on 01/15/2014 6:12:39 AM PST by Ransomed
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To: FlingWingFlyer

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.


50 posted on 01/15/2014 6:12:43 AM PST by NKP_Vet ("Rather than love, than money, than fame, then give truth" ~ Henry David Thoreau)
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To: P-Marlowe; narses; Salvation
Holy Matrimony

Absolutely. It's impossible for them. The word matrimony refers to the institution that brings about and protects mothering.

So, by natural law woman to woman can never become mothers.

And, by revealed law they can never be Holy.

Our era is near the point when Christians should seek matrimony separately from the state, and there should be a consortium of historic Christian Churches which recognize one another's duly sealed matrimonial bonds.

51 posted on 01/15/2014 6:12:57 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

I think the best answer is this…..because this is also the correct libertarian position (tho many libertarians don’t accept it.)

Marriage is a contract, and it meant certain things as hundreds of millions of people entered into that contract. There is no way all of those millions of contracts should be changed post facto by a perversion of the very definition of those contracts.


52 posted on 01/15/2014 6:17:13 AM PST by C. Edmund Wright (Tokyo Rove is more than a name, it's a GREAT WEBSITE)
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To: 43north

Age 69... he is due for a change of life.

Terence C. Kern (born 1944) is a United States federal judge.
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.[1] The amendment banning same-sex marriage was passed by the voters in 2004, and its legislative history was cited in the ruling.[2]


53 posted on 01/15/2014 6:20:38 AM PST by Sequoyah101
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To: Viennacon

When all of the morally bankrupt verbiage on which this ruling is based is pushed aside, what is exposed to the light is the idea that “He made them male and female” is oppressive, intolerant and hateful. What is desired above all else is a twofold liberation: 1) from the male/female binary 2) from moral sexual ethics.

Dostoevsky saw this coming: with God dead all things are possible.


54 posted on 01/15/2014 6:27:06 AM PST by spirited irish
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To: C. Edmund Wright

Do I understand this correctly?

To the question: “How does gay marriage hurt marriage?” the libertarian answer is: “The marriage contract has already been defined for millions, and this is a change that injures that contract”.

That is similar to Perkins’ answer, but his took the cultural route, “the ideology for generations of the vast majority.”

Libertarians go with contract law. If they had to address “how” it injured the previous contracts, what would they list?


55 posted on 01/15/2014 6:33:40 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: 43north
clinton appointee

I suppose it could have been a Bush appointee and I would not have been surprised.

56 posted on 01/15/2014 6:45:08 AM PST by tsowellfan (www.cafenetamerica.com)
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To: xzins

Any time you radically change a contract AFTER millions have already entered it, it is damaging to all who entered it under the previous assumptions.

You buy a Cadillac - and three years later, all Cadillacs are defined down to mean just any GM model. Your “caddy” is devalued post facto……


57 posted on 01/15/2014 6:45:12 AM PST by C. Edmund Wright (Tokyo Rove is more than a name, it's a GREAT WEBSITE)
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To: cherry; Viennacon

“...no children...no power...that’s the whole deal.....”

The moslems know this too.

How many Christian families can afford more than two kids? Dad and Mom both work, and still have trouble making ends meet.

The muzz - and illegals - come here, get on the welfare system, and start having kids, which WE pay for.

They know math.

And here we are, right now.


58 posted on 01/15/2014 6:49:04 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: JimSEA

Republican judges are doing these dastardly things too, some even appointed by Ronald W. Reagan himself, who failed to do his judicial homework.


59 posted on 01/15/2014 6:49:14 AM PST by Theodore R. (TX Republicans can't wait until March 4 to nominate Cornball and George P.!)
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To: NFHale

You’ve got a point: the American people know no more about mathematics than they do politics.


60 posted on 01/15/2014 6:50:52 AM PST by Theodore R. (TX Republicans can't wait until March 4 to nominate Cornball and George P.!)
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