Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

January-15-14

Oklahoma Same-Sex Marriage Ban Ruled Unconstitutional

A federal judge ruled late yesterday that Oklahoma's constitutional amendment banning same-sex marriages violates the US constitution.

US District Judge Terence Kern specifically found that Part A of the state constitutional amendment, which defined marriage as between a man and a woman, violated the Equal Protection Clause of the Fourteenth Amendment of the US Constitution by not affording equal benefits to same-sex and opposite-sex couples.

"The Bishop couple has been in a loving, committed relationship for many years," Judge Kern said of one of the couples who challenged the amendment in 2004. "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. Part A of the Oklahoma Constitutional Amendment excludes the Bishop couple, and all otherwise eligible same-sex couples, from this privilege without a legally sufficient justification."

Kern also cited United States v. Windsor, the Supreme Court ruling in June that struck down the Defense of Marriage Act.

While Kern's decision is another victory for same-sex marriage rights, Oklahoma same-sex couples cannot marry right away. After what happened in Utah, Kern decided to issue a stay of his decisionin anticipation of an appeal by Oklahoma, so that no same-sex couples would marry and then be unsure of their status as appeals proceed through the courts.

Media Resources: New York Times 1/14/14; ThinkProgress 1/14/14; CNN 1/14/14; Feminist Newswire 6/26/13, 10/21/13, 11/14/13, 1/6/14, 1/13/14


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

11/21/2014 STATEMENT: Feminist Majority Foundation Applauds President's Executive Order on Immigration - Statement from Eleanor Smeal, Feminist Majority Foundation president: "The Feminist Majority Foundation applauds President Obama for taking much needed executive action to help fix our broken immigration system that has for too long torn hardworking families apart. . . .
 
11/21/2014 Fifth Circuit Court Refuses to Reconsider Ruling Blocking Mississippi TRAP Law - The full US Court of Appeals for the Fifth Circuit on Thursday refused to reconsider a panel decision blocking enforcement of a Mississippi law that threatened to close the last remaining abortion clinic in the state. In July, a panel of the Fifth Circuit Court of Appeals upheld a preliminary injunction against a Mississippi TRAP (Targeted Regulation of Abortion Providers) law requiring abortion providers to obtain admitting privileges at local hospitals. . . .
 
11/21/2014 UN Expert Calls for Action To End Violence Against Women in Afghanistan - United Nations Special Rapporteur on Violence against Women Rashida Manjoo returned last week from a nine-day official visit in Afghanistan with a call to the Afghan Government and the international community to continue its focus on creating sustainable solutions to reduce violence against women. This was Manjoo's third visit to Afghanistan, and the Special Rapporteur noted many positive developments since her travel to the country in 1999, during the Taliban regime, and in 2005. In particular, Manjoo cited the creation of the Elimination of Violence Against Women Law (EVAW) by presidential decree in 2009 as "a key step towards the elimination of violence against women and girls."EVAW criminalizes 22 acts of violence against women - including rape, child and forced marriage, domestic violence, trafficking, and forced self-immolation - and specifies punishment for perpetrators. . . .