Round 2: Court Takes Up Oklahoma Gay-marriage Case

OKLAHOMA CITY (AP) — Lawyers for a couple challenging Oklahoma's ban on gay marriage and the clerk who refused to grant them a license head to a federal appeals court Thursday with the rare opportunity to build on arguments the judges heard in a similar case just a week earlier. Did voters single out gay people for unfair treatment when they defined marriage as a union between one man and one woman? Babione said the legal team for Clerk Sally Howe Smith was encouraged by hard questions posed by the 10th Circuit in the Utah case last week, saying they seemed tailored to their argument that a state's residents have the right to define marriage how they see fit. 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. Holmes, appointed by President George W.

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