Why should a federal judge have any say on what a state does with marriage?
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A federal judge declared yesterday that Oklahoma’s law defining marriage as being between a man and a woman was unconstitutional.

“The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution,” wrote U.S. District Court Judge Terence Kern.

“Yesterday’s decision from a federal district judge gets marriage and the Constitution wrong, and, if upheld on appeal, would force that state to act contrary to the meaning and purpose of marriage,” responds Ryan T. Anderson, William E. Simon Fellow at The Heritage Foundation. “The U.S. Constitution does not require redefining marriage.”

“Whatever one thinks about marriage, the courts shouldn’t be redefining it,” Anderson adds. “Americans should make marriage policy through the democratic process rather than allowing judges to dictate it to them through decisions that have no grounding in our Constitution.”

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