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 ...
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.[1] The amendment banning same-sex marriage was passed by the voters in 2004, and its legislative history was cited in the ruling.[2]
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.
Good lord
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.
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