OKLAHOMA CITY —
Kern rejected an attempt by another couple, Susan Barton and Gay Phillips, to have their California marriage recognized in Oklahoma. Kern said Barton and Phillips sued the wrong person.
The Utah and Oklahoma cases are very similar: both involve bans on same-sex marriage passed by a majority of voters in 2004 — 76 percent in Oklahoma and 66 percent in Utah — and both bans were struck down by federal judges within a month of one another in December and January. The legal arguments for and against the ban are also similar.
Baldwin said her lawyer attended last week's arguments and believes it went well.
"I think we were struck by how, frankly, it's the same old arguments they've been using all along that have been so unsuccessful," said Baldwin. "They make it sound as though there are a limited number of marriage licenses and if they start handing out marriage licenses willy-nilly to same-sex couples who can't have a child, then what is that going to do to procreation? Well, it's not going to do anything to procreation. People who still want to have children will still have children."
Alliance Defending Freedom, which also had a representative at the Utah oral arguments, left the court encouraged, Babione said.
"From our perspective, that is a good thing, because we don't think this is an issue that can be decided based on superficial sentiments, but really needs to be decided on the important government interest at stake," he said.
It's not clear when the three-judge panel of the 10th Circuit will issue its rulings. The judges will likely issue separate rulings, but they may come on the same day. The losing sides could appeal to the full 10th Circuit Court of Appeals or directly to the U.S. Supreme Court.
Associated Press writer Nicholas Riccardi in Denver contributed to this report.