P ageTwo Same-sex marriage pivoting on U.S. Circuit courts F r i d ay , A p r i l 18, 2014
DENVER — A judge in Colorado who will play a pivotal role deciding whether gays should be allowed to wed in the United States asked pointed questions Thursday about whether Oklahoma can legally ban the unions. U.S. Circuit Judge Jerome Holmes is seen as the swing vote on the three-judge panel that heard the Oklahoma appeal and a similar case from Utah last week.
volume 118
issue 137
Telephone: (505) 277-7527 Fax: (505) 277-7530 news@dailylobo.com advertising@dailylobo.com www.dailylobo.com
Editor-in-Chief Antonio Sanchez News Editor Ardee Napolitano Assistant News Editor Chloe Henson Photo Editor Aaron Sweet Assistant Photo Editor Sergio Jiménez
“The state cannot define marriage in any way that would trample constitutional rights, right?” Holmes asked Jim Campbell, the attorney representing the defendant in the case, the Tulsa County clerk. Campbell, however, contended the court must defer to the democratic process if there is a rational reason for the state to choose who can marry and who cannot. “The natural, procreative potential of opposite-sex couples distinguishes that group from same-sex couples,” Campbell said. With one judge strongly Copy Chief Steve “Mo” Fye Culture Editor Jyllian Roach Assistant Culture Editor Stephen Montoya Sports Editor Thomas Romero-Salas Assistant Sports Editor J. R. Oppenheim Opinion Editor John Tyczkowski Social Media Editor J. R. Oppenheim
hinting he supported the lower court rulings that struck down the Oklahoma and Utah bans, and another appearing skeptical of them, all eyes were on Holmes to see where the panel might come down. Holmes last week said that if the yardstick is whether the state has a rational reason to single out gay couples, the samesex plaintiffs would lose. But if the standard was any higher, they would win. On Thursday, the judges spent most of their time either questioning Campbell or debating whether the plaintiffs sued the correct
Design Director Connor Coleman Design Assistants Erica Aragon Josh Dolin Beatrice Verillo Advertising Manager Brittany McDaniel Sales Manager Sammy Chumpolpakdee Classified Manager Brittany McDaniel
person and had legal standing for the court to intervene. The case has taken 10 years to reach this point, partly because another 10th Circuit panel in 2009 ruled the plaintiffs incorrectly sued the governor and attorney general and directed them to name a different party. The plaintiffs then sued the county clerk who denied them a marriage license. The panel allowed the hearing to run 13 minutes over its 30-minute limit so it could further question Campbell on his arguments. Oklahoma voters overwhelmingly
see Marriage page 3
The New Mexico Daily Lobo is an independent student newspaper published daily except Saturday, Sunday and school holidays during the fall and spring semesters and weekly during the summer session. Subscription rate is $75 per academic year. E-mail accounting@dailylobo.com for more information on subscriptions. The New Mexico Daily Lobo is published by the Board of UNM Student Publications. The editorial opinions expressed in the New Mexico Daily Lobo are those of the respective writers and do not necessarily reflect the views of the students, faculty, staff and regents of the University of New Mexico. Inquiries concerning editorial content should be made to the editor-in-chief. All content appearing in the New Mexico Daily Lobo and the Web site dailylobo.com may not be reproduced without the consent of the editor-in-chief. A single copy of the New Mexico Daily Lobo is free from newsstands. Unauthorized removal of multiple copies is considered theft and may be prosecuted. Letter submission policy: The opinions expressed are those of the authors alone. Letters and guest columns must be concisely written, signed by the author and include address and telephone. No names will be withheld.
www.dailylobo.com
The Associated Press
The two cases are the first to reach an appellate court since the U.S. Supreme Court last year struck down the federal Defense of Marriage Act. Since then, gay rights lawyers have successfully convinced eight federal judges that the ruling means courts must strike down laws against gay marriage because they deprive same-sex couples of a fundamental right. During Thursday’s hearing before the 10th U.S. Circuit Court of Appeals panel, Holmes suggested he interpreted the Supreme Court’s ruling the same way.
Visit our redesigned Website!
by Kristi Eaton and Nicholas Riccardi
New Mexico Daily Lobo