Appeals Court Upholds Oklahoma Same-Sex Marriage Decision

“Our merits disposition is governed by our ruling in Kitchen v. Herbert, No 13-4178, 2014 U.S. App. LEXIS 11935 (10th Cir. June 25, 2014). In that companion case, we held that: (1) plaintiffs who wish to marry a partner of the same sex or have such marriages recognized seek to exercise a fundamental right; and (2) state justifications for banning same-sex marriage that turn on the procreative potential of opposite-sex couples do not satisfy the narrow tailoring test applicable to laws that impinge upon fundamental liberties. Exercising jurisdiction under 28 U.S.C. § 1291, and governed by our ruling in Kitchen, we affirm...” Judge Carlos F. Lucero.

“HOLMES, Circuit Judge, concurring.
In upholding the district court’s substantive ruling in this case, the majority concludes that Oklahoma’s same-sex marriage ban - found in SQ711 - impermissibly contravenes the fundamental right to marry protected by the Due Process and Equal Protection Clauses of the Constitution. I fully agree with that conclusion and endorse without reservation the reasoning of the majority on this matter...” Judge Jerome A. Holmes.

U.S. Court of Appeals Tenth Circuit, July 18, 2014.


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