The U.S. Tenth Circuit Court of Appeals has ruled that Oklahoma’s ban on same-sex marriage is unconstitutional. This decision upholds a ruling from a district judge in January. 

However, a stay pending appeal was part of the decision, so no same-sex marriages will occur in Oklahoma at this time.

Writing for the majority in a 46-page decision, U.S. Circuit Judge Carlos Lucero, a Clinton appointee, said the court’s ruling in the Oklahoma case “is governed by our ruling” in the Utah lawsuit, Kitchen v. Herbert.

“Facts and arguments presented in this case differ in some respects from those in Kitchen,” Lucero writes. “But our core holdings are not affected by those differences. State bans on the licensing of same-sex marriage significantly burden the fundamental right to marry, and arguments based on the procreative capacity of some opposite-sex couples do not meet the narrow tailoring prong.”

The three-judge panel consisted of Lucero; Jerome Holmes, an appointee of President George W. Bush who wrote a concurring opinion; and Judge Paul Kelly Jr. an appointee of President George H.W. Bush, who wrote the dissent. It’s the same panel that affirmed Utah’s ban on same-sex marriage is unconstitutional.




In a limited but significant move, a state judge struck down Florida’s ban on same-sex marriage in Monroe County, the location of the Florida Keys. 

The judge ruled that same-sex couples could begin receiving marriage licenses Tuesday, but state officials will likely try to block that from happening. The decision is limited to one county because that’s where couples filed suit against the state marriage ban, but it’s very possible the case will be appealed and the decision later applied to the rest of the state.

In the latest of an unbroken string of victories in support of marriage equality, Monroe County Circuit Judge Luis Garcia issues summary judgment in favor same-sex couples in his jurisdiction challenging Florida’s ban on same-sex marriage. “This court is aware that the majority of voters oppose same-sex marriage, but it is our country’s proud history to protect the rights of the individual, the rights of the unpopular and the rights of the powerless, even at the cost of offending the majority,” Garcia writes. 

Florida is where I cried myself to sleep the first time I had a crush on a girl. Florida is where I came out to myself, my friends and my family. Florida is where I watched Amendment 2 get voted into law the same year we elected the first black president, banning marriage equality statewide.

Florida is where I can (soon, probably) get married. Whoa. 



Jenny Deam writing at the LA Times.

The Boulder County clerk and recorder vowed Tuesday to continue issuing marriage licenses to same-sex couples, defying the state attorney general, who had given her until noon to stop.

”We believe the licenses are legal and just,” said Clerk and Recorder Hillary Hall outside her office as the noon deadline passed. She said the Boulder County Attorney’s Office had given her the green light, adding that “history will be on our side.”

She and Atty. Gen. John Suthers have been in a showdown for six days since the U.S. 10th Circuit Court of Appeals in Denver struck down Utah’s ban on same-sex marriage last week, issuing a 2-1 opinion that it violated the U.S. Constitution’s guarantee of equal protection and due process.