Denver Federal Court Turns Down Appeal for Same Sex Marriage Ban
Paula Marie Navarra | | Jul 19, 2014 06:47 PM EDT |
It can be considered good news for same sex couples everywhere, as a federal appeals court in Denver brought down a second same sex marriage ban on Friday.
According to USA Today, the appeal wants to prohibit gays and lesbians to marry in Oklahoma just like in Utah.
One of the judges handling the case, Judge Carlos Lucero, explained that ban on same sex marriages denies the fundamental right to all same-sex couples to have their marriage recognized regardless of their child-rearing ambitions.
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While, Judge Paul Kelly explained that any change in the definition of marriage is not on the jurisdiction of the federal court.
He also explained that the court intervened with a view of marriage ostensibly driven by the court.
According to him, this approach [banning same sex marriages] short circuits the healthy political processes leading to a rough consensus in matters of sexual autonomy and marginalizes those who draw the line short on same-gender marriages.
According to the report, in both 10th circuit cases the judges agreed that gays and lesbians have ta constitutional right to get married that states cannot take away.
Mary Bishop and Sharon Baldwin of Tulsa, lead plaintiffs in the Oklahoma case, filed it on December 2004. After that, they were joined by Gay Philips and Susan Barton which marriage was not recognized in Oklahoma but were recognized in Canada and California.
The panel composed of three judges, including Lucero and Kelly, agreed that the second couple [Philips and Barton] lack the standing to sue.
Byron Babione, senior counsel at Alliance Defending Freedom, criticized the ruling saying that the question whether the people are free to affirm marriage as a man-woman union will be decided by U.S. Supreme Court.
As of to date, more than 70 same sex marriage lawsuits are pending in all 31 prohibited states.
TagsDenver Federal court, rejects appeal, same sex marriage, Ban
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