Legal Opinion

Bishop v. United States ex rel. Holder

District Court, N.D. Oklahoma

Decided January 14, 2014No. 04-CV-848-TCK-TLWPublishedCited by 42 opinions

1Opinion of the Court

OPINION AND ORDER

TERENCE C. KERN, District Judge.

This Order addresses challenges to state and federal laws relating to same-sex marriage. The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Court lacks jurisdiction over the other three challenges.

I. Factual Background

This case involves challenges to: (1) both sections of the federal Defense of Marriage Act (“DOMA”), codified at 28 U.S.C. § 1738C and 1 U.S.C. § 7; and (2) two subsections of an amendment…

2Cases cited70 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

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3Cited by42 opinions

  1. Obergefell v. HodgesSupreme Court of the United States · 2015
  2. Bostic v. SchaeferCourt of Appeals for the Fourth Circuit · 2014
  3. Kitchen v. HerbertCourt of Appeals for the Tenth Circuit · 2014
  4. Bishop v. SmithCourt of Appeals for the Tenth Circuit · 2014
  5. De Leon v. PerryDistrict Court, W.D. Texas · 2014

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