Marriage Equality in Oklahoma and Kansas??
Attorneys...feel free to correct me on this. By now everyone is aware of a federal judge declaring Utah's gay marriage ban to be UNconstitutional. Most are also aware of the State of Utah's appeal to the 10th Circuit, in which the agreed to hear the appeal on an expedited basis (within 3-4 months). However, what seems to be very little noticed or talked about is the prospect of gay marriage coming to the deep red states of Oklahoma and Kansas VERY soon. I tried googling this and was unable to find any articles or commentary regarding this very real prospect in the near future.
You see...what few people outside the legal profession understand is that the 10th Circuit Court of Appeals also has jurisdiction over the states of Oklahoma, Kansas, Wyoming, New Mexico and Colorado. Should the 10th Circuit uphold the Utah gay marriage decision on constitutional grounds (and there is very good reason to believe they will), then their ruling would be binding on all the states under their jurisdiction (Oklahoma, Kansas, Colorado, and Wyoming), invalidating each of those state's gay marriage bans also. And... since the 10th Circuit denied Utah's request for a stay, why would they grant a stay for these states?
Perhaps I have my understanding all wrong???? Attorneys please let me know. Meanwhile, I am salivating over 3-4 months from now and will be sure to get the popcorn out!!!