A 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.
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?
Perhaps Jason Rapert should call Sally Kern, the 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?