US judge strikes down Okla. ban on gay marriage

Associated Press

TULSA, Okla.

A federal judge struck down Oklahoma’s gay- marriage ban Tuesday but headed off any rush to the altar by setting aside his order while state and local officials complete an appeal.

It was the second time in a month that a federal judge has set aside a deeply conservative state’s limits on same-sex marriage, after Utah’s ban was reversed in December.

In his ruling, U.S. District Judge Terence Kern described Oklahoma’s ban on same-sex marriage as “an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit.”

The decision drew criticism from the governor, attorney general and other elected officials in this state known as the buckle of the Bible Belt. A state lawmaker who once said gay people posed a greater threat to the nation than terrorism blasted rulings from “activist judges.”

Judge Kern said the ban violates the U.S. Constitution’s equal-protection clause because it precludes same-sex couples from receiving an Oklahoma marriage license. In his 68-page ruling, Judge Kern frequently referenced U.S. Supreme Court decisions issued last summer on gay marriage. He also took a shot at Oklahoma’s high divorce rate, noting that “excluding same-sex couples from marriage has done little to keep Oklahoma families together thus far.”