US District Court Northern District of Oklahoma No. 04-CV-848-TCK-TLW

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Mary Bishop, Sharon Baldwin, Susan Barton, and Gay Phillips (Plaintiffs) vs The United States of American (Defendants)

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.

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 to the Oklahoma Constitution, which are set forth in article 2, section 35(A)-(B) (the Case 4:04-cv-00848-TCK-TLW Document 272 Filed in USDC ND/OK on 01/14/14 Page 1 of 68 “Oklahoma Constitutional Amendment”). All challenges arise exclusively under the U.S. Constitution.

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