Married partners Gay Phillips (left) and Sue Barton, along with unmarried partners Sharon Baldwin and Mary Bishop (both editors at the Tulsa World) speak during a panel discussion last year at the Dennis R. Neill Equality Center. Both couples are plaintiffs in a lawsuit challenging Oklahoma's ban on same-sex marriage. MICHAEL WYKE/Tulsa World file
Tulsa World editor Sharon Baldwin is congratulated by World staff writer Randy Krehbiel after learning about U.S. Senior District Judge Terence Kern's ruling Tuesday that Oklahoma’s ban on marriage equality is unconstitutional. Baldwin and Mary Bishop, both World editors, are plaintiffs in a lawsuit challenging the discriminations in state and federal law regarding LGBT partners. CHRISTOPHER SMITH/ Tulsa World
In this June 2013 file photo, unmarried partners Sharon Baldwin and Mary Bishop (both editors at the Tulsa World) speak during a panel discussion and rally celebrating the the Supreme Court's decisions on gay marriage at the Dennis R. Neill Equality Center in Tulsa. The couple are plaintiffs in a lawsuit challenging the discriminations in state and federal law regarding LGBT partners. MICHAEL WYKE/Tulsa World File
U.S. Senior District Judge Terence Kern ruled Tuesday that Oklahoma’s ban on marriage equality is unconstitutional.
The ruling is stayed pending appeal, meaning marriages will not occur immediately in Oklahoma.
In striking down Oklahoma's ban on same-sex marriage, U.S. District Judge Terrence Kern described it as "an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit."
"Equal protection is at the very heart of our legal system and central to our consent to be governed," Kern's 68-page decision says. "It is not a scarce commodity to be meted out begrudgingly or in short portions. Therefore, the majority view in Oklahoma must give way to individual constitutional rights.”
Oklahoma Gov. Mary Fallin issued a statement saying she was "disappointed" in Kern's ruling and noted that Oklahoma's constitutional amendment banning same-sex marriage passed with 75 percent support in 2004.
“The people of Oklahoma have spoken on this issue," Fallin said in the statement. "I support the right of Oklahoma's voters to govern themselves on this and other policy matters. I am disappointed in the judge's ruling and troubled that the will of the people has once again been ignored by the federal government."
Human Rights Campaign president Chad Griffin praised Kern's ruling, saying the judge came "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. 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. 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.”
Two plaintiff couples, Mary Bishop and Sharon Baldwin -- who both work at the Tulsa World -- and Gay Phillips and Susan Barton, filed their case in November 2004.
The legal challenge came shortly after Oklahoma voters overwhelmingly passed the constitutional amendment that banned same-sex marriage in the state. The couples were seeking the right to marry and to have a marriage from another jurisdiction recognized in Oklahoma.
"The Bishop couple has been in a loving, committed relationships for many years," the judge said. "They own property together, wish to retire together, wish to make medical decisions for one another, and wish to be recognized as a married couple with all its attendant rights and responsibilities."
But Oklahoma's constitutional amendment "excludes the Bishop couple, and all otherwise eligible same-sex couples, from this privilege without a legally sufficient justification," Kern said.
In statements issued late Tuesday, U.S. Reps. Markwayne Mullin and Jim Bridenstine both were opposed to Kern's decision. Mullin called it "disappointing" and "unfortunate."
“Our constitution protects the sovereignty of states, and with today’s ruling, that right has clearly been violated," said Mullin, a Republican who represents Oklahoma's 2nd District. Oklahomans overwhelmingly "voted nearly a decade ago to define in our state’s constitution that marriage is between one man and one woman. Unfortunately we have yet again witnessed the voices of the governed being disregarded."
Bridenstine, who represents the 1st District, which includes Tulsa, said Kern didn't follow the 10th Amendment of the U.S. Constitution, "which recognizes that powers not delegated to the federal government are retained by the states and the people."
Bridenstine went on to say that "a federal judge has no place to dictate the terms of marriage in Oklahoma. The state constitution overrides a federal judge’s personal opinion."
Oklahoma Attorney General Scott Pruitt called the decision "troubling." He issued a statement saying the case most likely will end up at the U.S. Supreme Court.
