clear
Monday May 4th, 2015 7:10PM

Oklahoma gay-marriage case before US appeals court

By The Associated Press
OKLAHOMA CITY (AP) -- Lawyers for two Oklahoma women and the county clerk who would not give them a marriage license go before a federal appeals court with a familiar question for the judges: Did the state's voters single out gay people for unfair treatment when they defined marriage as a union between one man and one woman?

The Denver-based 10th U.S. Circuit Court of Appeals heard similar issues in a Utah case last week, giving Oklahoma lawyers a preview of what questions they might face.

"Essentially, (the cases) are not that different," said Alliance Defending Freedom senior counsel Byron Babione, who is representing Tulsa County Clerk Sally Howe Smith. "Both of them involve challenges to state marriage amendments that were passed by an overwhelming majority of the people."

Babione said Smith's legal team was encouraged by hard questions posed by the 10th Circuit judges last week, saying they seemed tailored to the argument that a state's residents have the right to define marriage how they see fit.

But lawyers for Mary Bishop and Sharon Baldwin might look to questions posed by U.S. Circuit Judge Jerome A. Holmes, who asked whether Utah's same-sex marriage ban was similar to Virginia's former ban on interracial marriage. The U.S. Supreme Court struck down that ban 47 years ago.

Holmes also said, however, that gay marriages are a new concept for courts to address and that perhaps it is best to defer to the democratic process unless there is a compelling reason to step in.

U.S. District Judge Terence Kern of Tulsa ruled in January that Oklahoma's ban violated the equal protection clause in the U.S. Constitution. He immediately stayed his ruling, preventing any same-sex marriages from taking place while the ruling was appealed. In contrast, more than 1,000 gay couples in Utah married before the U.S. Supreme Court stepped in to issue a stay.

Kern rejected an attempt by another couple, Susan Barton and Gay Phillips, to have their California marriage recognized in Oklahoma. Kern said Barton and Phillips sued the wrong person.

The Utah and Oklahoma cases are very similar: both involve bans on same-sex marriage passed by a majority of voters in 2004 - 76 percent in Oklahoma and 66 percent in Utah - and both bans were struck down by federal judges within a month of one another in December and January. The legal arguments for and against the ban are also similar.

Baldwin said her lawyer attended last week's arguments and believes it went well.

"I think we were struck by how, frankly, it's the same old arguments they've been using all along that have been so unsuccessful," said Baldwin. "They make it sound as though there are a limited number of marriage licenses and if they start handing out marriage licenses willy-nilly to same-sex couples who can't have a child, then what is that going to do to procreation? Well, it's not going to do anything to procreation. People who still want to have children will still have children."

Alliance Defending Freedom, which also had a representative at the Utah oral arguments, left the court encouraged, Babione said.

"From our perspective, that is a good thing, because we don't think this is an issue that can be decided based on superficial sentiments, but really needs to be decided on the important government interest at stake," he said.

It's not clear when the three-judge panel of the 10th Circuit will issue its rulings. The judges will likely issue separate rulings, but they may come on the same day. The losing sides could appeal to the full 10th Circuit Court of Appeals or directly to the U.S. Supreme Court.
© Copyright 2015 AccessNorthGa.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 4 months ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 4 months ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 4 months ago )
U.S. News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 4 months ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 4 months ago )
Local/State News
Committee leaves transportation funding to lawmakers
Georgia will have to cover a $1 billion to $1.5 billion transportation funding gap to stay economically competitive, a committee of lawmakers is warning in a report issued Tuesday.
5:36AM ( 4 months ago )
US off war footing at year's end, but wars go on
Taking America off a permanent war footing is proving harder than President Barack Obama may have suggested.
6:13PM ( 4 months ago )
GOP leader regrets talk to white supremacists; party leaders rally around him
House Republican leaders rallied around one of their own, Whip Steve Scalise, on Tuesday after he said he regrets speaking 12 years ago to a white supremacist organization and condemns the views of such groups.
6:08PM ( 4 months ago )
Politics
Obama again avoids calling 1915 Armenian killings 'genocide'
WASHINGTON (AP) — President Barack Obama will once again stop short of calling the 1915 massacre of Armenians a genocide, prompting anger and disappointment from those who have been pushing him to ful...
1:00PM ( 1 week ago )
Ex-NFL star Hernandez convicted of murder, sentenced to life
FALL RIVER, Mass. (AP) — Former New England Patriots star Aaron Hernandez was convicted of first-degree murder and sentenced to life in prison Wednesday for a deadly late-night shooting, sealing the d...
8:54PM ( 2 weeks ago )
Clinton kicks off 2016 campaign online, heads next to Iowa
WASHINGTON (AP) — Hillary Rodham Clinton jumped back into presidential politics on Sunday, making a much-awaited announcement she will again seek the White House with a promise to serve as the "champi...
7:56PM ( 3 weeks ago )
Hall, White, Jefferson schools recognized nationally for use of technology
Three school districts in northeast Georgia - Hall, White, and Jefferson - have received national recognition for their use use of innovative technologies. They earned top spots in the Center for Digital Education's and the National School Boards Association's 10th annual Digital School Districts Survey.
By Staff
1:00PM ( 3 weeks ago )
US Capitol lockdown lifted after man fatally shoots himself
WASHINGTON (AP) — A precautionary lockdown of the U.S. Capitol was lifted after about two hours Saturday following a suicide by a man carrying a protest sign.The man died after shooting himself on the...
6:15PM ( 3 weeks ago )