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BISHOP v. SMITH

Nos. 14-5003, 14-5006.

760 F.3d 1070 (2014)

Mary BISHOP and Sharon Baldwin, Plaintiffs-Appellees, and Susan G. Barton and Gay E. Phillips, Plaintiffs-Appellees/Cross-Appellants, v. Sally Howe SMITH, in her official capacity as Court Clerk for Tulsa County, State of Oklahoma, Defendant-Appellant/Cross-Appellee, United States of America, ex rel. Eric H. Holder, Jr., in his official capacity as Attorney General of the United States of America, Defendant, and Bipartisan Legal Advisory Group of the U.S. House of Representatives; Thad Balkman; Oklahoman's for Protection of Marriage, Intervenors-Defendants.

United States Court of Appeals, Tenth Circuit.

July 18, 2014.

Attorney(s) appearing for the Case

James A. Campbell, Byron J. Babione and David Austin R. Nimocks, Alliance Defending Freedom, Scottsdale, AZ, and John David Luton, Assistant District Attorney, District Attorney's Office, Tulsa, OK, with him on the briefs, for Defendant-Appellant/Cross-Appellee.

Don G. Holladay, James E. Warner III, Holladay & Chilton PLLC, Oklahoma City, OK, and Joseph T. Thai, Norman, OK, with him on the briefs, for Plaintiffs-Appellees/Cross-Appellants.*

Before KELLY, LUCERO, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

This appeal was brought by the Court Clerk for Tulsa County, Oklahoma, asking us to overturn a decision by the district court declaring unenforceable the Oklahoma state constitutional prohibition on issuing marriage licenses to same-sex couples. It followed quickly on the heels of an analogous appeal brought by State of Utah officials requesting similar relief. Recognizing that the ruling in the Utah case would likely control the disposition...

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