Oklahoma has Second Appellate Hearing for Same-Sex Marriage; Outcome Could Impact Decisions in Utah

by Norris Law Group on April 22, 2014

the-us-will-recognize-same-sex-marriages-from-utah (1)ABCNews.com reports  that same-sex marriage was scheduled to have its second hearing at the federal appellate level on April 17.

Oklahoma’s January 2014 ban on same-sex marriage marked the second time the issue has reached the federal appellate court since the U.S. Supreme Court found in 2013 that part of the federal Defense of Marriage Act was unconstitutional.

The same judges in the 10th U.S. Circuit Court of Appeals heard a similar Utah case earlier in April 2014, which could provide attorneys in the Oklahoma case an idea of the types of questioning they might face.

Alliance Defending Freedom senior counsel Byron Babione, representing one of the plaintiffs in the Oklahoma case, said, “Essentially, [the Oklahoma and Utah cases] are not that different…Both of them involve challenges to state marriage amendments that were passed by an overwhelming majority of the people.”

The three-judge panel was split in their questioning during the Utah case. One judge challenged the idea that a state has the right to ban gay marriages. Another questioned an attorney for gay couples who claimed they were being discriminated against. The third judge had was equally tough on attorneys for both sides.

It is not knows when the appellate court may enter a ruling in either the Oklahoma or Utah cases. The judges may issue separate rulings, perhaps on the same day. Losing sides may appeal to the full 10th Circuit Court of Appeals or even directly to the U.S. Supreme Court.

Attorney Graham Norris and his associates at the Norris Law Group serve the residents of Utah County and throughout Utah in the area of divorce. Contact them today at 801-932-1238 or online for a free consultation.

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