Federal Judge Declares Oklahoma’s Same-Sex ‘Marriage’ Ban Unconstitutional

800px-OklahomaOKLAHOMA CITY– A federal judge appointed by then-President Bill Clinton has struck down Oklahoma’s same-sex ‘marriage’ ban as unconstitutional.

U. S. District Judge Terence Kern issued the ruling on Tuesday, but placed a stay on its enforcement pending appeal.

“The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution,” he wrote. “Equal protection is at the very heart of our legal system and central to our consent to be governed. It is not a scarce commodity to be meted out begrudgingly or in short portions.”

Oklahoma’s constitutional marriage amendment was approved by 76 percent of voters during the November 2004 election.

“Marriage in this state shall consist only of the union of one man and one woman,” the amendment reads. “A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.”

Marriage licenses issued in violation of the law carried misdemeanor penalties.

State regulations were first challenged in 2004 by four lesbian women, who renewed their lawsuit again in 2009. The case was known as Bishop et al v. United States.

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The Human Rights Campaign, a national homosexual advocacy group, issued a statement following the ruling, applauding Kern’s decision.

“With last year’s historic victories at the Supreme Court guiding the way, it is clear that we are on a path to full and equal citizenship for all lesbian, gay, bisexual and transgender Americans,” wrote President Chad Griffin. “Equality is not just for the coasts anymore, and today’s news from Oklahoma shows that time has come for fairness and dignity to reach every American in all 50 states.”

But Oklahoma Governor Mary Fallin expressed disappointment, opining that it was wrong for the court to override the will of the people.

“The people of Oklahoma have spoken on this issue,” she said. “I support the right of Oklahoma’s voters to govern themselves on this and other policy matters.”

Tony Perkins, president of the Washington-based Family Research Council, agreed.

“This activist judge is overrunning both the constitution and the rule of law in a drive to fundamentally alter America’s moral, political and cultural landscape,” he stated. “He 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.”

The decision comes one month after a federal judge appointed by Barack Obama declared Utah’s ban on same-sex “marriage” unconstitutional, likewise ruling that it violated the equal protection clause of the 14th Amendment. The U.S. Supreme Court later stayed the decision—after over a thousand same-sex ceremonies commenced—since the case is under appeal.

Utah’s constitutional amendment banning same-sex “marriage” was also passed during the November 2004 election with 66 percent of the vote.

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  • Sir Tainly

    “Gay Trolls”!? “Sodomite Trolls”!?

    I don’t see a lot of that going on. Can’t you guys find something better to react to with such derogatory and inflammatory terminology something that’s not even happening yet!?

    That being said….such terminology is inherently repulsive to me, not to mention very “trollish” as well. And I sincerely hope that such attitudes as these don’t represent Christianity to gay readers. I sadly suspect that for many gay readers such intolerance is all they see in Christianity. 🙁

    • Larry

      Set aside the derogatory remarks, distasteful though they are, the more important issue is that it is God who declares homosexuality as being an abomination, not “Christians.”

      Consider the following Old and New Testament scriptures; and then decide whether you will obey and honor what God has declared because it is He that declares it; or choose to do and believe what you want to – regardless of whether or not it is right!

      Old Testament:

      (Lev 18:22) Thou shalt not lie with mankind, as with womankind: it is abomination.

      Lev_20:13 If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.

      New Testament:

      (Rom 1:26) For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:

      (Rom 1:27) And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.

      (Rom 1:32) Who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them.

      Ultimately, “gay marriage” is just another attempt to force Christians to accept homosexuality as normal, or be vilified as mean-spirited, unloving, intolerant bigots, out of touch with reality, truth, and the mainstream of America. In a word… BOULDERDASH!

    • Christianity is based on the bible. The bible calls sodomites and their lifestyle an abomination. Something that ought not to be and God’s attitude toward it is beyond what is considered “kosher” in today’s culture.

      God hates q433r5.

      You are not a Christian if you love what God clearly H A T E S.
      What’s the disconnect?????

      • Regarding the second to last sentence…you can still be saved and straddle the fence or even compromise for the world by endorsing LGBT for the sake of utopian, inclusive hedonism.

        But how can one call themselves a Christian, possessing such a mindset?

        If you would read the Word, you’ll see that q433r5 hate God and God has given them up to a reprobate mind.

        Hollywood and TV has brainwashed us all to believe they’re kind and nice…..they are not. Their conduct is illustrated in events in the old testament and their attributes are recorded in the latter half of Romans, chapter one.

  • John Watson

    Thanks Sir Tainly for you input. I have asked several of the people who are simply here to shove theor agenda down the christians throats. They don’t do not even care about thw article or the issue at hand.. Which is a clear violation of the posting guidelines if this website. For example we have two people right now on this article. Aaron who had been warned several times by the CNN moderator to knock off his vile and deragatory posts. . Gee just continues to post. . All he does us copy and paste endless rants which have no tie to the subject at hand. . Done if his nicer posts refers to good people as demon possess needing exorcism. The second person Dave at least stays on subject. The bottom line these folks don’t care about one thing it value that this website stands for. They simple bully people into silence and drive them away. Which is totally wrong. .. I think they are on the wrong website. . They should be over at GLAAD or NAMBLA

  • Aaron Lindahl

    This is what your ‘teachings’ about homosexuals leads to.. incredible violence, evil, and horror…In Nigeria, it is now illegal to be gay. In the hyper-religious and conservative country, the criminal act of openly loving someone of the same sex can carry a prison sentence of more than a decade.

    It is likely that as you read this, scores of Nigerian men and women are behind bars, awaiting judgment that can lead to imprisonment for up to 14 years if they are found guilty of being in committed homosexual relationships. Poverty and evangelism have played major roles in Nigeria’s backlash against gays and lesbians, said the Reverend Pat Bumgardner, senior pastor of New York’s Metropolitan Community Church and executive director of the church’s Global Justice Institute. Some of that backlash has been horrific, she said.

    “What people were doing was running up and cutting off people’s noses to identify them as a suspected gay person,” Bumgardner said. “It really is beyond life-threatening for gay people.”

    The bill’s signing has led to a witch hunt all over Nigeria, particularly in heavily religious areas—Nigeria is 50 percent Muslim and 40 percent Christian. In the state of Bauchi, where Islamic law is in place, an officer pretended to be gay to infiltrate a group of men seeking counsel for AIDS. Dorothy Aken’Ova, executive director of a major HIV-AIDS health group, told the AP that police detained four men from the group and tortured them into naming 168 more gay men for arrest.

    President Goodluck Jonathan’s signing of the legislation, called “Jail the Gays,” on Monday led to police squads touring Africa’s most populous country—with more than 170 million people—this week and arresting people believed to be gay.

    A while ago, TakePart spoke to a young gay man who fled Nigeria for the United States after being attacked by homophobes in his native land. Now in his late 20s, Micheal Ighodaro was disowned when he was only 17 years old after he told his parents he was gay. He was forced from his home, and after years of struggle, he fled for the United States.

    Ighodoro told TakePart that, for a time, it was trendy in Nigeria to cut off the noses of gays, to mark them as homosexuals for life.We can only imagine how many more, like Ighodaro, will be forced to flee now that mistreatment is state sanctioned.

    In addition to religious dogma, much of Nigeria’s anti-gay sentiment is fueled by stereotypes and fears stoked by Africa’s AIDS crisis, which remains a leading cause of death in Nigeria. -By Shaya Tayefe Mohajer

    • Larry

      Aaron – seriously? You still maintain the Nigeria argument as a defense for the subject at hand – Oklahoma amending their state constitution to define marriage as the exclusive union between one man and one woman? Quit meandering around the topic.

      Above, you tap-dance around the fundamental questions surrounding your remarks regarding the Oklahoma amendment; and you do so using the Bible as support for your position. Please answer the following questions I posed to you above. I’m sure others will be grateful for your insight.

      1. Who should decide by what laws the people of Oklahoma shall be governed?

      2. On what grounds and by what evidence is homosexuality accepted as normal and not wrong in the Bible? Please cite scripture?

      Your deflection of the questions by referring to Nigeria is pitiful, since a) you are not affected at all by the conditions in Africa, and b) their laws, behaviors, and attitudes have nothing to do with how Christians in America treat homosexuals. Granted, some people treat them poorly, which is a poor indictment on them; but that does not reflect the overall conditions of the homosexual community in the US.

      Homosexuals here in the US enjoy a level of influence AND affluence most frequently beyond that of ordinary Americans. An example is the very fact that homosexuals affect major policy decisions in America, though so few in numbers. Moreover, as a community, homosexuals on average earn more income than most Americans, are likely to have college degrees, and hold career positions at the top of their professions as compared to their heterosexual counterparts. So please, don’t try to use the situation in Africa as a defense for forcing heterosexuals to accept homosexuality as not wrong and normal; It’s simply irrelevant and exposes your lack of foundation.

      I think John Watson is correct when he suggests that you would be better served by expressing your views at GLAAD or NAMBLA; where the attitudes are more aligned with yours – do what you want to do, regardless of whether or not it is wrong.

  • Larry

    Final remarks.
    Aaron, and all who espouse the position that the Bible supports, or is at least silent on the issue of homosexuality should at this point have no more illusions – the Word of God explicitly denounces homosexuality as an abomination! Plain and simple; so please don’t try to force others to accept homosexuality as not wrong and therefore normal – it simply isn’t.

    You’ll never be able to argue that homosexuality is normal, not on biblical grounds, anyway. Additionally, remember that it is God who declared it so, not me or any other Christian; argue with Him, if you must.

    The amendment to the Oklahoma state constitution defining marriage as the exclusive union between one man and one woman is the clear will of the citizens of Oklahoma – by 70%! A few homosexuals cannot dictate to the clear super-majority of Oklahomans how marriage shall be defined and recognized in their state. To use a single, liberal judge to overrule the will of the people by manufacturing a fictitious US constitutional conflict demonstrates how desperate homosexuals are to force others to accept homosexuality as normal.

    Consider the opposite situation; what if 70% of Oklahomans voted to amend their state constitution recognizing and protecting gay marriage; but a single judge strikes it down as unconstitutional. Who should decide by what laws the citizens of Oklahoma shall be governed? The citizens or the judge?

    Ultimately, the issue is one of authority – the authority of God vs. man. We have to decide whether or not we will submit to God’s authority and obey His commands, or reject His authority and do whatever we damn well please – regardless that it is violation of the will of God. We have to make that choice personally; and we have to make that choice collectively as a society. Accepting “homosexual marriage” is open rebellion against God; but it’s a choice.

    The Word says, “…choose ye this day whom ye shall serve” (Joshua 24:15). So choose!

  • Praise the Lord for Larry Arnold!!! He ‘is not ashamed of the gospel, because it is the power of God for the salvation of everyone who believes first to the Jew, then for the Gentile.” Few there be that will be saved but many will walk the broad which leads to destruction.
    Thanks for listening! Ginny