I don’t know how I missed this news story, but on December 20 U.S. District Court Judge Robert Shelby declared that Amendment 3 in Utah’s constitution – which defined marriage as between a man and woman, and the voter’s passed in 2004 – is unconstitutional.  Same-sex marriages began immediately.  Utah appealed to the SCOTUS for a stay, which was granted by Justice Sotomayor on January 6.  In the 17 days before the stay, ~1300 same-sex couples were married.

Then, there’s Oklahoma.  Similar story.  On January 14, Judge Terence C. Kern of U.S. District Court for the Northern District of Oklahoma ruled that Oklahoma’s constitutional ban of same-sex marriage is unconstitutional because it is based on a moral disapproval of homosexuality and has no rational basis.  In light of what happened in Utah, however, Judge Kern stayed his own ruling.  It is almost certain that Oklahoma will appeal the case to the 10th Circuit Court of Appeals in Denver, CO – the same court where Utah’s appeal will be heard.

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