Tuesday, January 14, 2014

Oklahoma Gay Marriage Ban Struck Down

A federal judge (activist judge?) has struck down the Oklahoma ban on gay marriage but has stayed the decision pending appeal which means, at least for now, there won't be any gay marriages in Oklahoma.

US District Judge Terrance Kern described the Oklahoma ban as "an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit."

Gee, ya think?

This is further fallout from the Supreme Court striking down the Defense of Marriage Act. Not only are we talking about an abstract right, we're talking about concrete measurable benefits.

I can hear the howling from the Conservative pig sties already.

We're heading toward a collision in the US Supreme Court. They're the only ones that can resolve this.

Either states can, or cannot, prohibit gay marriage. That the states regulate marriage is not at issue. But that regulation is not unlimited. State regulations cannot deny rights and benefits that people are otherwise entitled to under the US Constitution.

The good news is the Conservative dream of a national prohibition on gay marriage is dead. That means either rapid legalization, if the Supreme Court says a state cannot prohibit it, or a slow painful legalization state by bloody state.

I cannot believe, given the mood in the country, that the SCOTUS is stupid enough to allow this slow agonizing conflict to continue. Better to legalize it across the board and get the screaming and yelling over with.

Besides, it's the right thing to do.

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