Bishop v. Smith

In upholding the district court’s substantive ruling in this case, the majority concludes that Oklahoma’s same-sex marriage ban — found in SQ 7111 — impermissibly contravenes the fundamental right to marry protected by the Due Process and Equal Protection Clauses of the Constitution. I fully agree with that conclusion and endorse without reservation the reasoning of the majority on this matter.2

I write here, however, to focus on one significant thing that the district court wisely did not do in rendering its substantive ruling on the same-sex marriage ban. Specifically, the district court…