On Tuesday, a federal judge in Oklahoma held that the state’s 2004 constitutional amendment limiting marriage to opposite sex couples violates the Equal Protection Clause of the United States Constitution. Though the 2004 amendment had passed with 75% support of Oklahoma voters, the Judge concluded: “Equal protection is at the very heart of our legal system and central to our consent to be governed. 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.”
The ruling will not take effect until after any appeal to the 10th Circuit Court of Appeals is resolved, meaning that same-sex couples are not yet eligible to marry in Oklahoma.
Kate R. Payne, Esquire