Friday, January 17, 2014

Lesbian couple v. ?

Who had role of defendant in the Oklahoma marriage equality case is a convoluted, but important story. The original case (way back in 2004) named the Gov. and AG. But they argued, eventually successfully, that it is county clerks who issue marriage licenses and they are part of the Judiciary branch of state gov't. So in 2009 the Gov. and AG were off the case -- along with the state's legal dept.

Next in the defense seat were the US AG (because of DOMA), the Tulsa County Court Clerk, and the State of Oklahoma. The court dismissed the state as defendant, and Eric Holder, the US AG, said he would not defend DOMA.

Next the US House GOP leadership stepped into this case, in the same way they stepped into the DOMA case before the Supremes. But when the Supremes canned part of DOMA the House leadership dropped their participation in the Oklahoma case.

That left the county clerk, represented by county lawyers. The national organization Alliance Defending Freedom stepped in, offering their services. And the ADF has an astonishing record -- for losing cases.

A commenter notes the ADF isn't made up of lawyers, but of fundraisers. And a legal win would mess up their Christians are being discriminated against! Send money! spiel.

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