Another one. From the New York Times:
A federal judge in Oklahoma ruled Tuesday that the state’s constitutional amendment barring same-sex marriage violated the federal Constitution, the latest in a string of legal victories for gay rights and one that occurred in the heart of the Bible Belt.
The state’s ban on marriage by gay and lesbian couples is “an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit,” wrote Judge Terence C. Kern of United States District Court for the Northern District of Oklahoma, in Tulsa, deciding a case that had languished for nine years. The amendment, he said, is based on “moral disapproval” and does not advance the state’s asserted interests in promoting heterosexual marriage or the welfare of children.
The judge stayed his ruling in anticipation that the state will appeal, but it’s a start.
…with his decision against the state’s own ban on such marriages, “Judge Kern has come to the conclusion that so many have before him — that the fundamental equality of lesbian and gay couples is guaranteed by the United States Constitution,” said Chad Griffin, president of the Human Rights Campaign in Washington, in a statement issued late Tuesday.
Rights trump religion. So there.
Al Dente says
It’s more likely that the Oklahoma Attorney General paid attention to the Utah AG’s screwup and asked the judge for a stay.
Ophelia Benson says
Wull I just said what the NY Times said.