Our fight is not over
On Monday night, October 6, Rev. Dr. Robin Meyers welcomed a crowd of several hundred to Mayflower Congregational UCC and to Freedom Oklahoma’s celebration of marriage equality in Oklahoma. Referring to the Supreme Court’s decision not to hear any of the marriage equality appeals, Rev. Meyers said, “This is nothing but good. This is nothing but love. Congratulations!”
He continued, “Love is a genderless thing, it is who you are in love with. And government has no business telling people who they can love and who they can spend their lives with.” He then introduced Troy Stevenson, the Executive Director of Oklahoma’s The Equality Network, which sponsors Freedom Oklahoma.
Stevenson applauded the Supreme Court decision that brought marriage equality immediately to six states, and likely soon to five more, saying “After a decade of fighting for LGBT rights, freedom has come to Oklahoma.”
“But,” he added, “our fight is not over. So long as our youth are subject to conversion therapy, so long as our kids are bullied in their school yard, as long as LGBT citizens can be fired for who they are, we are not finished.”
Stevenson then introduced ACLU attorneys Ryan Kiesel and Brady Henderson, who took questions from the audience about what the Supreme Court action meant. The first question was “What does this mean for couples who were married out-of-state?”
“They are married,” was the answer. Although District Judge Terrence Kern’s decision did not address recognition of marriages from out of state, Oklahoma’s case was combined at the Circuit Court level with Utah’s case, which explicitly included recognition of marriages from other jurisdictions. As a result, Oklahoma is bound by the Utah decision. “If it was legal where it was performed, it is legal here,” was the concise summation.
When asked about spousal benefits from an employer, Stevenson jumped in, saying, “Marriage is marriage as of today. If you have spousal benefits where you work, you have them.” The attorneys said there might be problems if the person works for a religiously owned company, or a small, private college affiliated with a conservative denomination. They pointed out that it may take the courts months, and in some cases years, to completely answer the question in those cases, but if you work for a large organization, such as the University of Oklahoma, or a large corporation, it shouldn’t be a problem.
On spousal adoption, the situation is not as clear. The attorneys said that adoption might be the cause of the next round of court cases, because there are “all kinds of old case law, which courts have to work through.”
Kiesel and Henderson noted the situation when desegregation became the law of the land. There were state officials that tried to do things to stop it, and it could happen in this case as well. Based on Oklahoma Gov. Mary Fallin’s statement about the Court’s action, that may prove to be a valid observation.
Fallin said:
“The people of Oklahoma have the right to determine how marriage is defined. In 2004, Oklahomans exercised that right, voting by a margin of 3-1 to define marriage as the union of one man and one woman.
“The will of the people has now been overridden by unelected federal justices, accountable to no one. That is both undemocratic and a violation of states’ rights. Rather than allowing states to make their own policies that reflect the values and views of their residents, federal judges have inserted themselves into a state issue to pursue their own agendas.
“Today’s decision has been cast by the media as a victory for gay rights. What has been ignored, however, is the right of Oklahomans – and Americans in every state – to write their own laws and govern themselves as they see fit. Those rights have once again been trampled by an arrogant, out-of -control federal government that wants to substitute Oklahoma values with Washington, D.C. values.”
While it isn’t clear what course Fallin might take, she has a record of anti-gay statements and actions throughout her history as an office-holder. Most recently, she forced all Oklahoma Reserve and National Guard couples to apply for spousal benefits only at a federal installation, to avoid having the state appear to be recognizing same-sex military couples.
As far as marriage is concerned, Fallin may find the going gets tough. The attorneys noted that in three circuits, including the 10th, which has jurisdiction over Oklahoma, “It’s done.” They expect that the only judge’s decision supporting gay marriage bans, by a federal district judge in Louisiana, would be overturned at the Circuit Court level.
Responding to apprehension that the Supreme Court might take up marriage again in a couple of years, Kiesel and Henderson pointed out that the first round of cases was based on the 14th Amendment requirement that states treat all citizens equally under the law. There have been over 40 state and federal decisions overturning state gay marriage bans, and only one (the Louisiana case) that supported the bans. But they noted that in two years, the situation would be completely different. “Then, we would be talking about taking away rights granted to millions of people.” They said that the Supreme Court would most likely simply reaffirm marriage equality, in that event.
Asked if they were surprised by the court’s action, one questioner said it seemed “pretty darned historical.” Henderson said that could probably become a new legal term – PDH – to a round of laughter from the audience. He noted that few had expected the action on that day, but “what the court did was the right thing.” He explained that this is the way the court system is supposed to work. Courts generally take up a case only if there is a controversy. With the number of decisions, all citing the 14th Amendment and all reaching the same conclusion, the Court may have decided there was no controversy, that the Circuit Courts are right, and as a result, refused to take up the matter.
The event then turned festive, with more than a dozen couples getting married by Rev. Lori Walke, Mayflower’s Associate Minister. See an earlier story about the marriage ceremonies, posted on The Gayly’s website at www.gayly.com, and on The Gayly’s Facebook page.
by Rob Howard, Associate Editor, The Gayly
The Gayly – October 7, 2014 @ 10:20am