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Utah case has no bearing on Oklahoma's ban on same-sex marriage, Tulsa County says

by Chris Casteel Published: January 8, 2014
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WASHINGTON _ The decision by a federal judge in Utah to strike down that state’s ban on same-sex marriage was wrong and should have no bearing on the lawsuit over Oklahoma’s prohibition, according to a brief filed in the nine-year-old case.
The group Alliance Defending Freedom, which is doing the legal work for the Tulsa County court clerk in the Oklahoma case, argued in its new brief that U.S. District Judge Terence Kern should ignore the Utah judge’s decision, made on Dec. 20 because its central tenet _ that same-sex marriage was guaranteed by the U.S. Constitution _ was unsound.
Moreover, the group’s attorneys say, the Utah decision misinterpreted the U.S. Supreme Court’s position on whether states can ban gay marriages; the high court did not take such a position, the group says, and in fact appears poised to take the opposite stance since it issued a stay on same-sex marriages in Utah while a federal court of appeals hears the case.
The group did agree on one thing with the two lesbian couples suing Oklahoma over the 2004 state ban: that Kern should rule on the case quickly.

by Chris Casteel
Washington Bureau
Chris Casteel began working for The Oklahoman's Norman bureau in 1982 while a student at the University of Oklahoma. After covering the police beat, federal courts and the state Legislature in Oklahoma City, he moved to Washington in 1990, where...
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