Case: Bishop v. United States

4:04-cv-00848 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Nov. 3, 2004

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On November 3, 2004, plaintiffs, two lesbian couples, filed this lawsuit in the U.S. District Court for the Northern District of Oklahoma against the United States and the State of Oklahoma. Plaintiffs sought declaratory and injunctive relief that the federal Defense of Marriage Act (DOMA) and Article 2 § 35 of the Oklahoma Constitution (the "Oklahoma Amendment," which banned same-sex marriage licenses from being issued in Oklahoma and acknowledging same-sex marriages issued in other states) vi…

On November 3, 2004, plaintiffs, two lesbian couples, filed this lawsuit in the U.S. District Court for the Northern District of Oklahoma against the United States and the State of Oklahoma. Plaintiffs sought declaratory and injunctive relief that the federal Defense of Marriage Act (DOMA) and Article 2 § 35 of the Oklahoma Constitution (the "Oklahoma Amendment," which banned same-sex marriage licenses from being issued in Oklahoma and acknowledging same-sex marriages issued in other states) violated the U.S. Constitution. Plaintiffs alleged that DOMA and the Oklahoma Amendment violated the Due Process, Equal Protection, Full Faith and Credit, and Privileges and Immunities Clauses of the U.S. Constitution.

In August 2006, the Court denied a motion to dismiss filed by the Oklahoma Attorney General and Oklahoma Governor, rejecting their sovereign immunity argument. The state officials appealed and the Court stayed the proceedings pending appeal.

On June 5, 2009, the Tenth Circuit issued an unpublished decision reversing the Court's failure to dismiss the claims against the Oklahoma officials and remanding the case for entry of an order dismissing the claims for lack of subject matter jurisdiction. The Tenth Circuit's reversal was based on the plaintiffs' lack of standing to pursue their claims against the named state officials. On November 24, 2009, the Court dismissed Oklahoma from the case.

The remaining defendants, the United States and the Tulsa County Clerk, filed a motion to dismiss on October 13, 2009. On February 25, 2011, prior to the Court's issuing a decision on the pending motions to dismiss, the United States notified the Court that it would cease defending the constitutionality of Section 3 of DOMA, thereby abandoning other portions of its previously filed motion to dismiss. On July 21, 2011, the Bipartisan Legal Advisory Group of the U.S. House of Representatives filed a motion to intervene "as a defendant for the limited purpose of defending Section 3."

On June 26, 2013, the Supreme Court issued its decision in United States v. Windsor, 133 S. Ct. 2675 (2013), (PB-NY-0017 in this Clearinghouse), which held that Section 3 of DOMA violates basic due process and equal protection principles applicable to the Federal Government, and Hollingsworth v. Perry, 133 S. Ct. 2652 (2013), (PB-CA-0029 in this Clearinghouse), which held that the official proponents of Proposition 8 lacked standing.

On January 14, 2014, the Court granted summary judgment for the plaintiffs, finding that the Oklahoma ban on same-sex marriage violated the Equal Protection Clause. The Court entered an order permanently enjoining enforcement of the ban against same-sex couples seeking a marriage license. But, it wrote "in accordance with the U.S. Supreme Court's issuance of a stay in a nearly identical case on appeal from the District Court

of Utah to the Tenth Circuit Court of Appeals, see Herbert v. Kitchen (Jan. 6, 2014), the Court stays execution of this injunction pending the final disposition of any appeal to the Tenth Circuit Court of Appeals." The Court held that it lacked jurisdiction over the Section 3 of DOMA.

On January 16, 2014, the Tulsa County Clerk appealed the Court's decision to the U.S. Court of Appeals for the 10th Circuit, and on January 24, 2014, the plaintiffs appealed the Court's decision as to DOMA. The appeals court issued its decision on the first of these appeals on July 18, 2014, affirming the District Court's decision that same-sex marriage violated the plaintiffs' constitutional rights. The main opinion was by Judge Carlos Lucero; Judge Jerome Holmes joined, and Judge Paul Kelly dissented. The Court stayed its decision pending resolution of a petition for review in the Supreme Court. Bishop v. Smith, 2014 WL 3537847 (N.D. Oklahoma 2014). On October 6, 2014, the Supreme Court denied the petition for a writ of certiorari. Smith v. Bishop, 135 S. Ct. 271, 190 L. Ed. 2d 139 (2014).

On October 6, 2014, the Court issued an order lifting the stay on its original mandate and permanently enjoined the defendant from enforcing the Oklahoma Amendment to deny any same-sex couples marriage licenses based solely on their status as a same-sex couple.

On May 1, 2015, the Court awarded attorney's fees to the plaintiffs in the amount of $298,742.77. And on June 15, 2015, the Court awarded supplemental attorney's fees, bringing the total fee award to $309,485.27.

The case is now closed.

Summary Authors

Darren Miller (11/27/2012)

Carlos Torres (5/13/2013)

Claire Lally (3/16/2015)

Eva Richardson (1/8/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4364366/parties/bishop-v-oklahoma-state-of/


Judge(s)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Kern, Terence C. (Oklahoma)

Lucero, Carlos F. (Colorado)

McKay, Monroe G. (Utah)

O'Brien, Thomas (New York)

Wilson, T. Lane (Oklahoma)

Attorneys(s) for Plaintiff

Bailey, Phillip Craig (Oklahoma)

Bridger-Riley, N. Kay (Oklahoma)

Eakens, Laura Lea (Oklahoma)

Judge(s)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Kern, Terence C. (Oklahoma)

Lucero, Carlos F. (Colorado)

McKay, Monroe G. (Utah)

O'Brien, Thomas (New York)

Wilson, T. Lane (Oklahoma)

Attorneys(s) for Plaintiff

Bailey, Phillip Craig (Oklahoma)

Bridger-Riley, N. Kay (Oklahoma)

Eakens, Laura Lea (Oklahoma)

Holladay, Don G. (Oklahoma)

Studebaker, Timothy P. (Oklahoma)

Tucker, Roy Duane (Oklahoma)

Warner, James E. (Oklahoma)

Attorneys(s) for Defendant

Babione, Byron J. (Arizona)

Campbell, James A. (Arizona)

Carmichael, Holly L. (Arizona)

Davenport, Christine (District of Columbia)

Doughty, Stefan K (Oklahoma)

Goldberg, Arthur Robert (District of Columbia)

Hall, Kimberly Majors (Oklahoma)

Iski, David Thomas (Oklahoma)

Kulmacz, Martha Ruth (Oklahoma)

Littleton, Judson O. (District of Columbia)

Luton, John David (Oklahoma)

Martin, Angela K (Oklahoma)

Nimocks, Austin R. (District of Columbia)

Pittard, William (District of Columbia)

Raum, Brian W. (Arizona)

Rinehart, Sandra D. (Oklahoma)

Roumel, Eleni M. (District of Columbia)

Schowengerdt, Dale (Arizona)

Simpson, W. Scott (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Walker, Mary Beth (District of Columbia)

West, Tony (District of Columbia)

Woodward, Thomas Scott (District of Columbia)

Wyrick, Andrea Marie (Oklahoma)

Other Attorney(s)

Bartolomucci, H. Christopher (District of Columbia)

Clement, Paul D. (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Kircher, Kerry W. (District of Columbia)

McGinley, Michael H. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Olsson, Brently C. (Oklahoma)

Theriot, Kevin H. (Kansas)

Documents in the Clearinghouse

Document

4:04-cv-00848

Docket [PACER]

Bishop v. Oklahoma State

June 16, 2015

June 16, 2015

Docket
1

4:04-cv-00848

Complaint

Bishop v. State of Oklahoma

Nov. 3, 2004

Nov. 3, 2004

Complaint
90

4:04-cv-00848

Opinion and Order [Granting in Part and Denying in Part Motions to Dismiss]

Bishop v. State of Oklahoma

2006 WL 2045877

July 20, 2006

July 20, 2006

Order/Opinion
93

4:04-cv-00848

Amended Opinion and Order

Bishop v. State of Oklahoma

447 F.Supp.2d 1239

Aug. 14, 2006

Aug. 14, 2006

Order/Opinion
109

4:04-cv-00848

Order [Granting Motion to Stay]

Bishop v. State of Oklahoma

Oct. 30, 2006

Oct. 30, 2006

Order/Opinion
114

4:04-cv-00848

06-05188

Order and Judgment [USCA Reversing and Remanding Case]

Bishop v. State of Oklahoma

U. S. Court of Appeals for the Tenth Circuit

333 Fed.Appx. 361

June 5, 2009

June 5, 2009

Order/Opinion
122

4:04-cv-00848

Plaintiffs' First Amended Complaint

Bishop v. State of Oklahoma

Aug. 10, 2009

Aug. 10, 2009

Complaint
148

4:04-cv-00848

Opinion and Order [Granting in Part and Denying in Part Motion to Dismiss]

Bishop v. State of Oklahoma

2009 WL 4505951

Nov. 24, 2009

Nov. 24, 2009

Order/Opinion
197

4:04-cv-00848

Motion for Summary Judgment and Brief in Support

Bishop v. United States of America

Sept. 28, 2011

Sept. 28, 2011

Pleading / Motion / Brief
211

4:04-cv-00848

Motion to Dismiss by United States of America and Eric H. Holder, Jr., Attorney General

Bishop v. United States of America

Oct. 19, 2011

Oct. 19, 2011

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4364366/bishop-v-oklahoma-state-of/

Last updated Aug. 30, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
312

***Images of Unnumbered Items from Paper File (pll, Dpty Clk) (Entered: 06/16/2017)

Nov. 2, 2004

Nov. 2, 2004

PACER
1

COMPLAINT (Summons(es) issued) (Consent form sent) (fee status: pd ) (lml, Dpty Clk) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER

FILING FEE PAID IN FULL by plaintiff Mary Bishop, plaintiff Sharon Baldwin, plaintiff Susan G Barton, plaintiff Gay E Phillips on 11/3/04 in the amount of $ 150.00 receipt # 113786 (fee status: pd ) (lml, Dpty Clk)

Nov. 3, 2004

Nov. 3, 2004

PACER

SUMMONS issued as to defendant Oklahoma, State of (Drew Edmondson, Brad Henry), defendant USA (John Ashcroft, George Bush) (lml, Dpty Clk)

Nov. 3, 2004

Nov. 3, 2004

PACER
2

MOTION by defendant Oklahoma, State of to extend time to answer cmplt until 12/14/04 (o/j) (sac, Dpty Clk) (Entered: 11/30/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
3

ORDER by Judge Terence Kern granting motion to extend time to answer cmplt until 12/14/04 [2-1] (cc: all counsel) (sac, Dpty Clk) (Entered: 12/03/2004)

Dec. 2, 2004

Dec. 2, 2004

PACER
4

MOTION by Thad Balkman & Oklahoman's for Protection of Marriage Inc. to intervene (sac, Dpty Clk) (Entered: 12/09/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
5

ORDER by Judge Terence Kern directing parties to submit a Joint Status Report on or before 1/14/05 (cc: all counsel) (sac, Dpty Clk) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER
6

MOTION by defendant Oklahoma, State of to extend time to answer cmplnt, and/or alternative to file out of time (o/j) (crp, Dpty Clk) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER
7

MOTION AND BRIEF IN SUPPORT by defendant Oklahoma, State of to dismiss (crp, Dpty Clk) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

PACER
8

UNOPPOSED MOTION by plaintiff Mary Bishop, plaintiff Sharon Baldwin, plaintiff Susan G Barton, plaintiff Gay E Phillips, defendant Oklahoma, State of to change ddln to resp re Balkman & Oklahoman's for Protection's mtn/intv (o/j) (sac, Dpty Clk) (Entered: 12/22/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER
9

ORDER by Judge Terence Kern granting motion to change ddln to resp re Balkman & Oklahoman's for Protection's mtn/intv until 1/13/05 [8-1] [4-1] (cc: all counsel) (sac, Dpty Clk) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
10

ATTORNEY APPEARANCE for defendant USA by W Scott Simpson (sac, Dpty Clk) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
11

MOTION to Withdraw Attorney(s) Roy D Tucker by Mary Bishop, Sharon Baldwin, Susan G Barton (s-sac, Dpty Clk) (Entered: 01/05/2005)

Jan. 4, 2005

Jan. 4, 2005

PACER
12

ORDER by Judge Terence Kern, directing Defendant to file its Answer or otherwise respond by December 19,2004, granting 6 Motion for Extension of Time to Answer, granting 6 Motion to File Document Out of Time (JLW, Chambers) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

PACER
13

ORDER by Judge Terence Kern, granting 11 Motion to Withdraw Attorney(s), terminating attorney Roy D Tucker (JLW, Chambers) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

PACER
14

MOTION for Leave to Exceed Page Limitation by United States of America (lml, Dpty Clk) (Entered: 01/11/2005)

Jan. 7, 2005

Jan. 7, 2005

PACER
15

MOTION to Dismiss by United States of America (lml, Dpty Clk) (Entered: 01/11/2005)

Jan. 7, 2005

Jan. 7, 2005

PACER
16

MOTION for Extension of Time to Respond to Motion (Re: 7 Motion to Dismiss) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (lml, Dpty Clk) (Entered: 01/12/2005)

Jan. 10, 2005

Jan. 10, 2005

PACER
17

ORDER by Judge Terence Kern, granting 14 Motion for Leave to Exceed Page Limitation (JLW, Chambers) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
18

ORDER by Judge Terence Kern, granting 16 Motion for Extension of Time to Respond to Motion, setting/resetting deadline(s)/hearing(s): Plaintiff's response due February 7, 2005. (Re: 16 MOTION for Extension of Time to Respond to Motion) (JLW, Chambers) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
19

Second MOTION for Extension of Time to Respond to Motion (Re: 4 Motion to Intervene) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (lml, Dpty Clk) (Entered: 01/17/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
20

JOINT STATUS REPORT by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips, Oklahoma, State of, United States of America (lmc, Dpty Clk) (Entered: 01/17/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
21

BRIEF in Support of Motion (Re: 15 MOTION to Dismiss) by United States of America ; (lml, Dpty Clk) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

PACER
22

EXHIBIT(S) in Support (Re: 15 MOTION to Dismiss) by United States of America (lml, Dpty Clk) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

PACER
24

NOTICE of Recent Decision by United States of America (lml, Dpty Clk) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

PACER
25

MOTION for Extension of Time to Respond to Motion (Re: 15 MOTION to Dismiss) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (lml, Dpty Clk) (Entered: 01/25/2005)

Jan. 24, 2005

Jan. 24, 2005

PACER
23

MINUTE ORDER by Judge Terence Kern case referred to Magistrate Judge Sam Joyner for status/scheduling conference (cds, Dpty Clk) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
26

ORDER by Judge Terence Kern, granting 19 Motion for Extension of Time to Respond to Motion, setting/resetting deadline(s)/hearing(s): Plaintiffs' response (Re: 4 Motion to Intervene, 19 Second MOTION for Extension of Time to Respond to Motion) (JLW, Chambers) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

PACER
27

MINUTE ORDER by Magistrate Judge Sam A Joyner, setting/resetting deadline(s)/hearing(s): Scheduling Conference 2/24/05 9:30 AM (lmc, Dpty Clk) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
28

ORDER by Judge Terence Kern, granting 25 Motion for Extension of Time to Respond to Motion, setting/resetting deadline(s)/hearing(s): (Re: 15 MOTION to Dismiss) (JLW, Chambers) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

PACER
29

ATTORNEY APPEARANCE by Laura Lea Eakens on behalf of Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (lml, Dpty Clk) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

PACER
30

MOTION for Leave to Exceed Page Limitation by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (lml, Dpty Clk) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

PACER
31

Consent MOTION for Leave to Appear by Telephone by United States of America (With attachments) (Simpson, W) (Entered: 02/02/2005)

1 Proposed Order

View on PACER

Feb. 2, 2005

Feb. 2, 2005

PACER
32

ORDER by Magistrate Judge Sam A Joyner, granting 31 Motion for Leave to Appear (lmc, Dpty Clk) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
33

MOTION to Strike Document(s) (Re: 22 Exhibit(s) in Support of Document(s)) by Mary Bishop (Bridger-Riley, N) Modified on 2/3/2005 to indicate all filers document was filed on behalf of (s-sac, Dpty Clk). (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
34

ORDER by Judge Terence Kern, granting 30 Motion for Leave to Exceed Page Limitation (JLW, Chambers) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
35

RESPONSE in Opposition to Motion (Re: 15 MOTION to Dismiss) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips ; (Bridger-Riley, N) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
36

MOTION for Leave to Exceed Page Limitation by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (Bridger-Riley, N) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

PACER
37

RESPONSE in Opposition to Motion (Re: 4 Motion to Intervene) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips ; (Bridger-Riley, N) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

PACER
38

MOTION for Attorney Kevin H. Theriot to be Admitted Pro Hac Vice by Thad Honorable Thad Balkman, Oklahoman's for Protection of Marriage, Inc. (lml, Dpty Clk) Modified on 2/9/2005 to replace PDF w/complete PDF (s-crp, Dpty Clk). (Entered: 02/08/2005)

Feb. 7, 2005

Feb. 7, 2005

PACER

NOTICE of Docket Entry Modification to replace PDF w/complete PDF (Re: 38 MOTION for Attorney Kevin H. Theriot to be Admitted Pro Hac Vice) (s-crp, Dpty Clk)

Feb. 7, 2005

Feb. 7, 2005

PACER
39

MINUTE ORDER by Court Clerk, : Pursuant to Local Rule 83.3(J) and this Court's Order in M-128-G (April 20, 1998), a $75.00 admission fee shall be paid by each attorney for each case such attorney seeks admission for limited practice. Upon receipt of the admission fee, the pro hac vice motion will be forwarded to the assigned Judge for consideration. If the fee is not received within 15 days of the date of this order, the motion may be denied for failure to pay the required fee. Pro hac vice fees are due in this case for attorney(s) Kevin H. Theriot. (Re: 38 MOTION for Attorney Kevin H. Theriot to be Admitted Pro Hac Vice) (lml, Dpty Clk) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER
40

ORDER by Judge Terence Kern, granting 36 Motion for Leave to Exceed Page Limitation (JLW, Chambers) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
41

RESPONSE in Opposition to Motion (Re: 7 Motion to Dismiss) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips ; (Bridger-Riley, N) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
42

Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss (TITLED: Motion to Exceed Page Limitation) by United States of America by United States of America (With attachments) (Simpson, W) Modified on 2/15/2005 to show correct title of document (s-crp, Dpty Clk). (Entered: 02/14/2005)

1 Exhibit Reply Brief in Support of Motion to Dismiss by United States of America

View on PACER

Feb. 14, 2005

Feb. 14, 2005

PACER
43

RESPONSE in Opposition to Motion (Re: 33 MOTION to Strike Document(s)) by United States of America ; (Simpson, W) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

PACER

NOTICE of Docket Entry Modification to show correct title of document (Re: 42 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by United States of America) (s-crp, Dpty Clk)

Feb. 14, 2005

Feb. 14, 2005

PACER
44

REPLY to Response to Motion (Re: 4 Motion to Intervene) by Thad Honorable Thad Balkman, Oklahoman's for Protection of Marriage, Inc. ; (Theriot, Kevin) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
46

PRO HAC VICE FEES Paid for attorney(s) Kevin Theriot in the amount of $75.00 (Re: 38 MOTION for Attorney Kevin H. Theriot to be Admitted Pro Hac Vice) by Thad Balkman, Oklahoman's for Protection of Marriage, Inc. (lml, Dpty Clk) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
45

ORDER by Judge Terence Kern, granting 42 Motion for Leave to File Document(s) (JLW, Chambers) (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

PACER
47

REPLY to Response to Motion (Re: 15 MOTION to Dismiss) by United States of America ; (Simpson, W) (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

PACER
48

MINUTE ORDER by Magistrate Judge Sam A Joyner Hearing of 2/24/2005 at 9:30 stricken, reset 3/31/05 at 1:30 p.m. (SAJ2, Chambers) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
49

ORDER by Judge Terence Kern, granting 38 Motion for Admission Pro Hac Vice, adding attorney Kevin Hayden Theriot for Thad Balkman and Oklahoman's for Protection of Marriage, Inc. (JLW, Chambers) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
50

MINUTE ORDER by Magistrate Judge Sam A Joyner, setting/resetting deadline(s)/hearing(s): Scheduling Conference set for 4/28/05 1:30 p.m., Courtroom #2, 3rd floor (lmc, Dpty Clk) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
51

ATTORNEY APPEARANCE by Timothy P Studebaker on behalf of Mary Bishop, Sharon Baldwin (kjp, Dpty Clk) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

PACER
52

NOTICE of Unavailability of Counsel for United States of America by United States of America (Simpson, W) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

PACER
53

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Continue Scheduling Conference by Oklahoma, State of (Doughty, Stefan) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

PACER
54

RESPONSE (Re: 53 Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Continue Scheduling Conference) by United States of America (Simpson, W) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

PACER
55

ORDER by Magistrate Judge Sam A Joyner, granting 53 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), setting/resetting deadline(s)/hearing(s):, Scheduling Conference set for 6/14/2005 at 09:30 AM before Magistrate Judge Sam A Joyner (lmc, Dpty Clk) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

PACER
56

ATTORNEY APPEARANCE by Phillip Craig Bailey on behalf of Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (Bailey, Phillip) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

PACER
57

MOTION to Strike Hearing(s)/Deadline(s) Continue Status and Scheduling Conference by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (Bailey, Phillip) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

PACER
58

ORDER by Magistrate Judge Sam A Joyner, granting 57 Motion to Strike Hearing(s)/Deadline(s), setting/resetting deadline(s)/hearing(s):, Scheduling Conference set for 7/28/2005 at 09:30 AM before Magistrate Judge Sam A Joyner (lmc, Dpty Clk) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

PACER
59

NOTICE of Recent Decision by United States of America (With attachments) (Simpson, W) (Entered: 06/17/2005)

1 Exhibit Smelt Order and Judgment

View on PACER

June 17, 2005

June 17, 2005

PACER
60

Joint MOTION to Accelerate/Extend/Reset Deadline(s)/Hearing(s) by Oklahoma, State of (Doughty, Stefan) Modified on 7/27/2005 to correct title to reflect correct event title (s-crp, Dpty Clk). (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

PACER

NOTICE of Docket Entry Modification; Error: Wrong event used; Correction: Corrected title to reflect correct event title (Re: 60 Joint MOTION to Accelerate/Extend/Reset Deadline(s)/Hearing(s)) (s-crp, Dpty Clk)

July 27, 2005

July 27, 2005

PACER
61

MINUTE ORDER by Magistrate Judge Sam A Joyner, granting 60 Motion for Miscellaneous Relief, setting/resetting deadline(s)/hearing(s):, Scheduling Conference set for 9/13/2005 at 09:30 AM before Magistrate Judge Sam A Joyner (lmc, Dpty Clk) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

PACER
62

ATTORNEY APPEARANCE by Angela K Martin on behalf of Oklahoma, State of (Martin, Angela) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
63

MOTION to Substitute Attorney by Oklahoma, State of (Martin, Angela) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
64

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Oklahoma, State of (Martin, Angela) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
65

MINUTE ORDER by Magistrate Judge Sam A Joyner : Hearing stricken. Parties are to file joint motion requesting scheduling conference within 15 days of receipt of order ruling on motions to dismiss in the event issues remain to be tried., granting 64 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), striking/terminating deadline(s)/Hearing(s) (lmc, Dpty Clk) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
66

ORDER by Judge Terence Kern, granting 63 Motion to Substitute Attorney, terminating attorney Stefan K Doughty (JLW, Chambers) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
67

First MOTION to Supplement (Re: 35 Response in Opposition to Motion, 41 Response in Opposition to Motion) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (Bridger-Riley, N) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
68

ORDER by Judge Terence Kern, granting 67 Motion to Supplement, setting/resetting deadline(s)/hearing(s):, Responses due by 11/4/2005, Replies due by 12/5/2005 (Re: 4 Motion to Intervene, 15 MOTION to Dismiss, 7 Motion to Dismiss) (JLW, Chambers) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
69

MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to File Supplement by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (Bailey, Phillip) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

PACER
70

ORDER by Judge Terence Kern, granting 69 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), setting/resetting deadline(s)/hearing(s): in re Plaintiffs' supplement, Miscellaneous Deadline set for 11/11/2005 (JLW, Chambers) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

PACER
71

SUPPLEMENT (Re: 35 Response in Opposition to Motion, 15 MOTION to Dismiss, 37 Response in Opposition to Motion, 41 Response in Opposition to Motion, 42 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by United States of America, 21 Brief in Support of Motion, 7 Motion to Dismiss, 44 Reply to Response to Motion, 67 First MOTION to Supplement, 47 Reply to Response to Motion, 4 Motion to Intervene) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (With attachments) (Bailey, Phillip) (Entered: 11/11/2005)

1 Exhibit A Memorandum of Decision on Motion to Intervene

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2 Exhibit B Andersen Opinion

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3 Exhibit C Kramer Opinion

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4 Exhibit D Bataillon Opinion

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5 Exhibit E Spain Gay Marriage

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6 Exhibit F UCC Resolution

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7 Exhibit G Canadian Civil Marriage Act

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8 Exhibit H APA Position Statement

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9 Exhibit I APA Resolution

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10 Exhibit J APA Resolution-Parents and Children

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11 Exhibit K Cherokee Tribal Court

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12 Exhibit L California Legislature RFCMP Act

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13 Exhibit M Mass Legislature Ban Rejection

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14 Exhibit N Washington Supreme Court Opinion- Carvin v Britain

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15 Exhibit O Law Review Article

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16 Exhibit P English Civil Partnership Act

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Nov. 11, 2005

Nov. 11, 2005

PACER
72

MOTION permission to respond to supplemental materials (Re: 70 Order, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), Setting/Resetting Deadline(s)/Hearing(s)) by Thad Balkman, Oklahoman's for Protection of Marriage, Inc. (Theriot, Kevin) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

PACER
73

ORDER by Judge Terence Kern, granting 72 Motion for Miscellaneous Relief, setting/resetting deadline(s)/hearing(s):, Responses due by 12/12/2005 (Re: 71 Supplement,, ) (JLW, Chambers) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
74

Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Respond to Plaintiffs' Supplement of Facts and Law (docket #71) by United States of America (Simpson, W) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
75

ORDER by Judge Terence Kern, granting 74 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), setting/resetting deadline(s)/hearing(s):, Responses due by 1/4/2006 (Re: 71 Supplement,, ) (JLW, Chambers) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
76

RESPONSE (Re: 73 Order, Ruling on Motion for Miscellaneous Relief, Setting/Resetting Deadline(s)/Hearing(s), ) by Thad Balkman, Oklahoman's for Protection of Marriage, Inc. (Theriot, Kevin) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
77

Unopposed MOTION for Leave to File Response to Plaintiff's Supplemental Materials by Oklahoma, State of (Martin, Angela) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
78

SUPPLEMENT (Re: 77 MOTION for Leave to File Response to Plaintiff's Supplemental Materials) by Oklahoma, State of (Martin, Angela) Modified on 12/15/2005 to correct title of document and create link to Doc #77. (s-lml, Dpty Clk). (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

PACER
79

RESPONSE in Opposition to Motion (Re: 77 Unopposed MOTION for Leave to File Response to Plaintiff's Supplemental Materials, 78 MOTION for Leave to File Supplement to Application for Permission to File a Response to Plaintiff's Supplemental Materials) by Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips ; (With attachments) (Bailey, Phillip) (Entered: 12/14/2005)

1 Exhibit A - OK AG Email 12.12.05.pdf

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2 Exhibit B - US Consent

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3 Exhibit C - Plaintiffs' Email 12.12.05.pdf

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4 Exhibit D - Plaintiffs' Email 12.13.05.pdf

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5 Exhibit E - Plaintiffs' Second Email 12.13.05.pdf

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Dec. 14, 2005

Dec. 14, 2005

PACER

NOTICE of Docket Entry Modification; Error: E-filed using incorrect event (Motion for Leave to File Documents); Correction: Edited docket text to reflect correct event (Supplement) and created a link to Doc #77 (Re: 78 MOTION for Leave to File Supplement to Application for Permission to File a Response to Plaintiff's Supplemental Materials) (s-lml, Dpty Clk)

Dec. 15, 2005

Dec. 15, 2005

PACER
80

REPLY to Response to Motion (Re: MOTION 77, SUPPLEMENT 78 ) by Oklahoma, State of (With attachments) (Martin, Angela) Modified on 12/16/2005 to change text to reflect correct title and create links to 77 and 78 (s-sac, Dpty Clk). (Entered: 12/15/2005)

1 Exhibit a,

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2 Exhibit b

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3 Exhibit c

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4 Exhibit d

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Dec. 15, 2005

Dec. 15, 2005

PACER
81

ORDER by Judge Terence Kern, granting 77 Motion for Leave to File Document(s), setting/resetting deadline(s)/hearing(s):, Responses due by 1/4/2006 (Re: 71 Supplement,, ) (JLW, Chambers) (Entered: 01/02/2006)

Jan. 2, 2006

Jan. 2, 2006

PACER
82

RESPONSE in Support of Motion (Re: 15 MOTION to Dismiss) by United States of America ; (Simpson, W) Modified on 1/4/2006, ENTERED IN ERROR - WRONG EVENT USED AND LINKED TO HE WRONG DOCUMENT; ATTORNEY NOTIFIED TO REFILE AS A RESPONSE AND LINK TO #71 (s-crp, Dpty Clk). (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

PACER
83

ATTORNEY APPEARANCE by Martha Ruth Kulmacz on behalf of Oklahoma, State of (Kulmacz, Martha) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER

NOTICE of Docket Entry Modification; Error: Document was e-filed using the wrong event and linked to the wrong document; Correction: Attorney notified to refile as a Response and link to Document No. 71 (Re: 82 Response in Support of Motion, ) (s-crp, Dpty Clk)

Jan. 4, 2006

Jan. 4, 2006

PACER
84

RESPONSE (Re: 71 Supplement,, ) by Oklahoma, State of (Kulmacz, Martha) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
85

RESPONSE (Re: 71 Supplement,, ) by United States of America (Simpson, W) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
86

MOTION to Withdraw Attorney(s) by Oklahoma, State of (Martin, Angela) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
87

ORDER by Judge Terence Kern, granting 86 Motion to Withdraw Attorney(s), terminating attorney Angela K Martin (JLW, Chambers) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

PACER
88

NOTICE of Change of Address by N Kay Bridger-Riley by on behalf of Mary Bishop, Sharon Baldwin, Susan G Barton, Gay E Phillips (Bridger-Riley, N) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
89

NOTICE of Recent Decisions by United States of America (With attachments) (Simpson, W) (Entered: 07/20/2006)

1 Exhibit 9th Circuit Opinion

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2 Exhibit 8th Circuit Opinion

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July 20, 2006

July 20, 2006

PACER
90

OPINION AND ORDER by Judge Terence Kern, denying 4 Motion to Intervene, granting in part and denying in part 7 Motion to Dismiss, granting in part and denying in part 15 Motion to Dismiss, denying 33 Motion to Strike Document(s) (JLW, Chambers) Modified on 8/17/2006 to watermark document as "vacated" pursuant to 93 (crp, Dpty Clk). (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

RECAP
91

ANSWER to Complaint (Re: 1 Complaint) by United States of America (Simpson, W) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
92

ANSWER to Complaint (Re: 1 Complaint) by Oklahoma, State of (Kulmacz, Martha) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 3, 2004

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two same-sex couples in Oklahoma; one seeking to be married, the other seeking recognition of their Vermont civil union.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

State of Oklahoma, State

Tulsa County Clerk (Tulsa), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $309,485.27

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male