Tulsa County Court Clerk Asks Supreme Court To Review Gay Marriage Ban

Tulsa County Court Clerk Sally Howe Smith says in the petition, when the appeals court struck down the ban on same-sex marriage, it bypassed the people.

Wednesday, August 6th 2014, 5:56 pm

By: News On 6

Tulsa County Court Clerk Asks Supreme Court To Review Gay Marriage Ban

The Tulsa County Court Clerk has filed a petition with the U.S. Supreme Court, asking it to decide if Oklahoma's ban on same-sex marriage is constitutional.

Last month, the 10th U.S. Circuit Court of Appeals upheld a federal judge's decision that struck down part of the state's constitutional amendment that defines marriage as between a man and a woman. And in doing so, Tulsa County Court Clerk Sally Howe Smith says in the petition, it bypassed the people.

The ban was overwhelmingly approved by Oklahoma voters in 2004.

1/17/2014 Related Story Federal Judge In Tulsa Rules Oklahoma Gay Marriage Ban Unconstitutional

According to the document Howe Smith asserts that "The Tenth Circuit thus removed “the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times” on this important issue. This Court should grant review and return to the People this critical issue of marriage policy."

The group representing Howe Smith is Alliance for Defending Freedom, a Christian attorney group out of Arizona.

Read Howe Smith's petition to the U.S. Supreme Court

Mary Bishop and her partner Sharon Baldwin first sued the Tulsa County Court Clerk's Office nine years ago after they were denied a marriage license.

A Tulsa federal judge finally ruled on the case in January, siding with the women. The judge ruled the "Oklahoma Constitutional Amendment banning same-sex marriage violates the Equal Protection Clause of the Fourteenth Amendment."

The appeals court upheld that ruling last month.

7/18/2014 Related Story: Tulsa Same-Sex Couples Celebrate Victory, Say Fight's Not Over