Americans for Marriage Equality

State ResourcesOklahoma

Status: Constitutional ban on marriage equality declared unconstitutional by federal court – stayed pending appeal.

In Bishop v. United States, two same-sex couples filed suit in federal court challenging Oklahoma’s ban on marriage for same-sex couples. On January 14, a trial judge ruled on behalf of the plaintiffs, declaring the ban unconstitutional. The state has appealed that decision to the U.S. Court of Appeals for the Tenth Circuit, which has consolidated the appeal with that of the case challenging Utah’s marriage ban, Kitchen v. Herbert. Oral arguments in this case were held April 17, 2014.  On June 25th, the Tenth Circuit issued a ruling that affirmed the lower court decision to strike down Utah's ban on marrige equality.  The 2-1 decision was authored by Judge Carlos Lucero, who was joined by Judge Jerome Holmes – a President George W. Bush appointee.

The Oklahoma state officials have officially petitioned the Supreme Court of the United States for writ of certiorary, requesting that the highest court in the land take up the case and decide the issue of marriage nationwide once and for all.  The Court is under no obligation as to which case or cases - if any - it chooses to hear on appeal.