Gay Rights Fight Judge strikes down O...

Gay Rights Fight Judge strikes down Okla. same-sex marriage ban

There are 108 comments on the Fox News story from Jan 14, 2014, titled Gay Rights Fight Judge strikes down Okla. same-sex marriage ban. In it, Fox News reports that:

U.S. District Judge Terrence Kern handed down the ruling in a lawsuit filed by two same-sex couples.

Join the discussion below, or Read more at Fox News.

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Since: Mar 09

Location hidden

#1 Jan 14, 2014
"Oh Frabjuous Day! Calloo-Callay!"

“A JOURNEY OF A THOUSAND MILES”

Since: Aug 08

MUST BEGIN WITH A SINGLE STEP!

#2 Jan 14, 2014
And it ONLY took 10 years for this case to get some ruling......hopefully the 10th will combine this case with the one from Utah and we could have both by this Summer!!!

Since: Mar 07

Location hidden

#3 Jan 14, 2014
The decisions keep flooding in!

“ reality, what a concept”

Since: Nov 07

this one

#4 Jan 14, 2014
Considering that this case was originally dismissed with a wave of Baker v Nelson and Congressional authority to limit full faith and credit, today's result is quite the accomplishment. Bishop and Baldwin were the first to take on DOMA, it's about damn time they finally got some justice.

Since: Jan 08

Pattaya, Thailand

#5 Jan 14, 2014
Has anyone else noticed the irony that this story came from Fox "News," the network of bigots?

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#6 Jan 14, 2014
NorCal Native wrote:
And it ONLY took 10 years for this case to get some ruling......hopefully the 10th will combine this case with the one from Utah and we could have both by this Summer!!!
The Windsor Decision was the beginning of the end for the anti gays.

Now we have Utah and OK.

The anti-gays understand that we live in a Constitutional Republic. They know that the U.S. Constitution is the ultimate law. Yet they still want to find a loop-hole to practice their bigotry.

ARTICLE 4 [Legal Status of the Constitution]
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

West Virginia State Board of Education v. Barnette 1943
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

__________
"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each."
- Chief Justice John Marshall; Marbury v Madison, 5 U.S. 137 (1803)
__________
And for all the States' Rights and "Original Intent" advocates:

"The courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
- Alexander Hamilton; Federalist No. 78
david traversa

Cordoba, Argentina

#7 Jan 14, 2014
Great news ! These bans are the will of the ignorant , the spiteful and the misguided , not of the real people .

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#8 Jan 14, 2014
So which state is next?

Michigan?
Virginia?
West Virginia?
Texas?
Colorado?
Oregon?

There are about 40 more cases still pending in over 20 states.....

“Common courtesy, isn't”

Since: Nov 07

Location hidden

#9 Jan 14, 2014
Honestly, it's going to take a while for this to sink in. OKLAHOMA?!!!! As in "O-K-L-A-H-O-M-A"?!! !!

And just a few days ago on another thread, a bunch of us were saying that the former "Indian Nation" would be among the last states ...

This is unbelievable. I'm actually overwhelmed with joy and gratitude ...

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#10 Jan 14, 2014
Dubya wrote:
Has anyone else noticed the irony that this story came from Fox "News," the network of bigots?
Hence the Headline "Gay Rights Fight Judge".

Spin is just about the only thing the bigots have left in their quiver of arrows.

They want to cry "STATES' RIGHTS" and "original intent" but also hope no one remembers that every State VOLUNTARILY joined the Union and AGREED that the U.S. Constitution was the ultimate law of the Land.

I like tossing this into the "original intent" folks' pipes to smoke:
"The courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
- Alexander Hamilton; Federalist No. 78

I'm sure that the anti-gays regret ever passing a Federal Law about marriage now.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#11 Jan 14, 2014
WeTheSheeple wrote:
So which state is next?
Michigan?
Virginia?
West Virginia?
Texas?
Colorado?
Oregon?
There are about 40 more cases still pending in over 20 states.....
And it's likely many will be decided on the basis of the Windsor Decision.

IMO that decision did for us what Loving did for inter-racial marriages. Time will tell.

“Equality marches on! ”

Since: Apr 08

Location hidden

#12 Jan 14, 2014
Otter in the Ozarks wrote:
Honestly, it's going to take a while for this to sink in. OKLAHOMA?!!!! As in "O-K-L-A-H-O-M-A"?!! !!
And just a few days ago on another thread, a bunch of us were saying that the former "Indian Nation" would be among the last states ...
This is unbelievable. I'm actually overwhelmed with joy and gratitude ...
I felt the same about my neighboring state, Iowa a while back. Then Utah, and now drama in Oklahoma¬Ö.who would have thought?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#13 Jan 14, 2014
DNF wrote:
<quoted text>And it's likely many will be decided on the basis of the Windsor Decision.
IMO that decision did for us what Loving did for inter-racial marriages. Time will tell.
These cases will begin to snowball as each successive judge builds on the ruling of the previous judge.

We could just end up winning in every remaining circuit court without any case ever reaching the SCOTUS.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#14 Jan 14, 2014
HMMM
This IS interesting.
30 minutes ago the article headline read the same as it's listed here.
NOW it says:
Federal judge strikes down Okla. same-sex marriage ban
Is Fox getting more honest? If so then THAT is BIG NEWS!

“Common courtesy, isn't”

Since: Nov 07

Location hidden

#15 Jan 14, 2014
NE Jade wrote:
<quoted text>I felt the same about my neighboring state, Iowa a while back. Then Utah, and now drama in Oklahoma¬Ö.who would have thought?
I'm driving to Tulsa this weekend to pick up a family member at the airport ... now I'm actually looking forward to the trip!

This will make the third state to border Missouri in which discrimination has been dealt a death blow, following Iowa and Illinois. After so many years, I had started to believe this would never happen in my lifetime. I'm so glad I was wrong.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#16 Jan 14, 2014
WeTheSheeple wrote:
<quoted text>
These cases will begin to snowball as each successive judge builds on the ruling of the previous judge.
We could just end up winning in every remaining circuit court without any case ever reaching the SCOTUS.
Yup. But the anti-gays will still fight on.

It amazes me that after the Windsor Decision these people still think they can have their anti-gay laws validated by the courts.

Then again these are the same people claiming Baker vs.Nelson and the SCOTUS Prop 8 ruling were/are Federal law.

In each case SCOTUS remanded the case back to the State of origin. However in Windsor SCOTUS made it clear that laws that place gays and lesbians in a separate class for marriage are unconstitutional.
Alan

Lincoln, CA

#17 Jan 14, 2014
Oklahoma just fell !!!, When Utah falls, myself being from California and seeing all the money the Mor&#7535;on Church dumped here to Defeat Prop 8 will laugh, laugh and laugh some more at all the money the State-Church of Utah lost to a bigoted cause.

Since: Dec 08

El Paso, TX

#18 Jan 14, 2014
Where's all dem damned trolls. They must be having a "Please Lick My Wounds" convention somewhere.
Christaliban

Philadelphia, PA

#19 Jan 14, 2014
Wow, this is becoming a lot of states even for the mormon whatever it is to spend $3 million each in.

Almost time for a "revelation" from gawd, or from Kolob! Ka-ching.
Christaliban

Philadelphia, PA

#20 Jan 14, 2014
As all these state decisions roll in it's a good time to reflect on the wonderfully prepared and wisely narrowly tailored Windsor case.

The Prop. 8 case...not so well thought out. Not from Newsom's "initiative" originally, not from Reiner, not from the two bigwig lawyers who were so over confident.

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