Federal judge strikes down Oklahoma's marriage ban

A federal judge ruled yesterday that Oklahoma's ban on same-sex marriage is unconstitutional because it treats gay men and lesbians differently than heterosexuals. However, no weddings will be performed for now.

Federal District Court Judge Terence Kern called the Oklahoma law "arbitrary" and "irrational" and said it violated the United States Constitution's Equal Protection Clause because it deprived one class of citizens of a benefit for no good reason.

Kern based his ruling in part on the United States Supreme Court's decision last June that the federal Defense of Marriage Act was unconstitutional. However, he acknowledged that the high court has never specifically ruled on how state restrictions relate to the Equal Protection Clause.

The judge put his ruling on hold, pending a likely appeal. As a result, no gay men or lesbians can wed immediately in Oklahoma.

The state's voters in 2004 amended the state's constitution to define marriage as a union between a man and a woman. About 75 percent of voters supported the referendum. The Sooner State is one of the most Republican states in the nation. Last year two-thirds of voters chose Republican Mitt Romney over President Obama.

The Oklahoma ruling comes less than a month after federal District Judge Robert Shelby struck down Utah's marriage ban as unconstitutional. Shelby initially allowed same-sex weddings to be performed, but the Supreme Court has since issued a halt until an appeal is decided.

The 10th United States Court of Appeals in Denver will decide the appeals from both states.

If the appellate court hands down a favorable ruling, Oklahoma would become the 19th state in which same-sex marriages are allowed.

• States in yellow allow same-sex marriages. 
• Those in blue prohibit equal marriage rights. 
• The states in green--Oklahoma and Utah--are in the doubtful category because federal lower court rulings are being appealed.

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