federal appeals court has ruled that Oklahoma must allow same-sex couples to marry. It’s the same court that earlier struck down Utah’s ban.

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The opinion has been stayed pending appeal.

As yet, there’s no current disagreement among the circuits on this question, but many expect the U.S. Supreme Court to take a case anyway. It all boils down to Justice Kennedy. Is he ready to finish the job by fulfilling the explicit promise of the U.S. Constitution or not?

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Perhaps Jason Rapert should call Sally Kernthe Arkansas native Oklahoma legislator and virulent anti-gay activist, and console her.

UPDATE: Disappointing news. The U.S. Supreme Court has issued a stay of a district judge’s order that Utah recognize marriages entered during a period between an order voiding a ban on same-sex marriage and a stay issued  by an appellate court. It’s not a ruling on the merits. But it does it tip the court’s hand on coming rulings on the merits?

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