Almost ten years ago, Mary Bishop and Sharon Baldwin sued the state of Oklahoma for the right to marry. In January of this year, a federal judge ruled what they knew all along — their stye’s ban on same-sex marriage is unconstitutional. But like most marriage equality cases, the judge stayed his ruled pending appeal. That appeal was heard today, in a 10th circuit courtroom in Denver, Colorado.
One of the judges, Jerome Holmes — a George W. Bush appointee — “sharply questioned whether Oklahoma can legally prevent the [same-sex] marriages,” the AP reports.
Holmes indicated during the hearing that states cannot define marriage in a way that would “trample constitutional rights.”
The New Civil Rights Movement’s Eric Ethington offered these thoughts via Twitter:
Based on Judge Holmes ?’s to #Oklahoma. Sounds likely he agrees that #Windsor means #MarriageEquality=constitutional right #10thCircuit
— Eric Ethington (@EricEthington) April 17, 2014
Holmes also had hard ?’s for plaintiffs. Probably still label case as close, but safe to still predict 2-1 for equality. #10thCircuit #LGBT
— Eric Ethington (@EricEthington) April 17, 2014
But standing apparently might be at issue as well:
One area of focus: whether plaintiffs have standing to challenge non-recognition portion of OK marriage ban. #10thcircuit #samesexmarriage
— Kyle Velte (@KyleVelte) April 17, 2014
Regardless, the judge seems focused on Constitutional rights:
J. Holmes asked 3 questions re Loving v VA & interracial marriage bans w/in 1st 10 min. That does not say reversal to me. #samesexmarriage
— Nancy Leong (@nancyleong) April 17, 2014
And a bit of humor:
Line of the day. Lucero asks OK govt atty about his brief. Says “I read ALL the words. I just didn’t understand them.” #samesexmarriage
— Nancy Leong (@nancyleong) April 17, 2014
The case, Bishop v. Oklahoma, is actually the oldest active marriage equality case in the nation, and yet, now one of over fifty of its kind. Slowly but surely, cases are lining up in district courts, and one day, the Supreme Court will be forced to decide if same-sex marriage is a right that all states must provide.
Last Thursday, the same judges heard Utah’s same-sex marriage case. In December, a federal judge, just before Christmas, struck down that state’s ban on same-sex marriage. No ruling has yet been delivered, and reports vary as to the tenor of the judge’s positions. Some say the three-judge panel were divided, but leaning toward equality. others aren’t as sure.
“Baldwin and Bishop met 17 years ago at the Tulsa World newspaper, where the two work as editors,” MSNBC reported today. “They had a Unitarian commitment ceremony three years later, but have not been legally married. Even though they now have 17 states plus the District of Columbia to choose from for their wedding, the couple wants to wait to marry at home.”
“Sharon is at least a 4th generation Oklahoman, and I’m at least a 6th generation Oklahoman,†said Bishop. “Our families go back in Oklahoma to before statehood. There’s no reason we should be forced to leave our home to be treated differently under the law. Our state and our nation should treat us all equally.â€
Here’s the audio from today’s hearing, thanks to Freedom To Marry:
https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/145211894&color=69a8a3
Image via Facebook