Bishop v. Smith

Related Cases

KELLY, Circuit Judge,

concurring in part and dissenting in part.

Plaintiffs made an unusual decision in this case.1 They challenged only the constitutional amendment concerning same-gender marriage. Okla. Const, art. II, § 35. They ignored the earlier-enacted statutory provisions which define and only recognize marriage as between persons of opposite gender. Okla. Stat. tit. 43, §§ 3(A), 3.1. They also sued the wrong defendant when it comes to non-recognition of out-of-state same-gender marriages; the clerk has no occasion to pass on the validity of out-of-state marriages. The district court noticed both of these problems, yet entered an injunction concerning the constitutional amendment’s definition of marriage. See Bishop v. United States ex rel. Holder, 962 F.Supp.2d 1252, 1296 (N.D.Okla.2014); Fed.R.Civ.P. 65(d)(1)(C) (requiring specificity in injunctions).

I concur with the court that the Barton couple lacks standing to challenge the nonrecognition provision, but I differ on whether the “law of the case” applies. I dissent from this court’s conclusion that the Plaintiffs have standing even though they did not challenge the underlying statutes. Thus, I would not reach the merits for lack of standing. As I have not persuaded my colleagues, were I to reach the merits of the Bishop couple’s claim, I would dissent from this court’s conclusion that Oklahoma’s definition of marriage is invalid because marriage is a fundamental right and the State’s classification cannot survive strict scrutiny. Instead, I would apply rational basis review and uphold Oklahoma’s definition of marriage.

A. Standing — Failure to Challenge the Underlying Statutes

Plaintiffs (Bishop couple) failed to challenge Oklahoma’s statutory requirement concerning “Who may marry” which provides:

Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.

Okla. Stat. tit. 43, § 3(A). The district court was aware of the statutory prohibition and stated that no party addressed the “standing problems,” but was satisfied that enjoining section A of the constitutional provision “redresses a concrete injury suffered by the Bishop couple.” Bishop, 962 F.Supp.2d at 1259 n. 2, 1274 n. 19, 1279, 1296.

Section A provides:

Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.

*1110Okla. Const, art. II, § 35(A). Section C adds criminal liability for non-compliance. Id. § 35(C). No matter how important the issue, a federal court must consider standing, including whether the injury is likely to be redressed by a favorable decision. Hollingsworth v. Perry, — U.S.-, 133 S.Ct. 2652, 2661, 186 L.Ed.2d 768 (2013).

Plaintiffs (Barton couple) failed to challenge Oklahoma’s statutory non-recognition requirement which provides:

A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.

Okla. Stat. tit. 43, § 3.1. The constitutional non-recognition provision is the same. Okla. Const, art. II, § 35(B). The district court correctly observed that any injury from nonrecognition comes from both of these provisions. Bishop, 962 F.Supp.2d at 1266.

Enjoining section A of the constitutional amendment would not solve the Bishop couple’s problem because the statute, Okla. Stat. tit. 43, § 3(A), contemplates “marriage with a person of the opposite sex.” Enjoining section B of the constitutional amendment would not solve the Barton couple’s problem because the statute, Okla. Stat. tit. 43, § 3. 1, proscribes the same thing: recognition of same-gender marriages from other states.

According to this court, the statutory provisions are not enforceable independent of the constitutional provisions. But that cannot be right. In Oklahoma, marriage arises out of contract and requires consent by legally competent parties. Okla. Stat. tit. 43, § 1. Okla. Stat. tit. 43, § 3(A) imposes several requirements including being (1) unmarried, (2) at least age 18, and (3) not otherwise disqualified, for the capacity to contract and consent to opposite gender marriage. The constitutional provision defines marriage as one man and one woman and also provides a rule of construction for the constitution and “any other provision of law.” Okla. Const, art. II, § 35(A). Although the non-recognition provisions have identical language, one would not presume that the electorate would engage in a useless act. If anything, the language in the constitutional provisions suggests an intent to augment the statutory provisions, as was done in other states. See Bishop, 962 F.Supp.2d at 1283-84 (suggesting sentiment to create an independent bar); see also supra n. 1. Indeed, that is the argument of the State. Aplt. Br. 33.

The most serious problem with this court’s analysis is that it is derived from cases where provisions conflict; it would be an extravagant reading to conclude that Oklahoma is not empowered to enact a consistent and clarifying constitutional provision without replacing the statutory provision. The rule stated in Fent v. Henry, 257 P.3d 984 (Okla.2011), that a constitutional amendment “takes the place of all former laws existing upon the subject with which it deals,”

rests upon the principle that when it is apparent from the framework of the revision that whatever is embraced in the new law shall control and whatever is excluded is discarded, decisive evidence exists of an intention to prescribe the latest provisions as the only ones on that subject which shall be obligatory.

Id. at 992 n. 20. We have no such “decisive evidence” in this case because there is no “framework of revision” when the constitutional amendment in no way contradicts the statutes. Although this court contends that the constitutional amendment is “a complete scheme,” Lankford v. Menefee, 45 Okla. 228, 145 P. 375, 376 (1914), concerning same-gender marriage, the amendment certainly does not replace the other marriage qualifications contained in Okla. Stat. tit. 43, § 3(A). Nor should it replace *1111the qualification “with a person of the opposite sex.” Of course, the most important canon of construction must be fidelity to the intent of the electorate and its representatives: a canon that is not well-served by disregarding Oklahoma’s statutes and focusing only on the amendment. This court’s argument that it can envision no scenario where the clerk could enforce the statute but not the amendment fails to appreciate the independent and complementary nature of the provisions.

Invalidating state law provisions as vio-lative of the Constitution is one of the most serious tasks performed by a federal court. Though the Plaintiffs apparently thought otherwise, state statutes do matter. Plaintiffs, who have the burden on standing, Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992), cannot show redressability.

B. Law of the Case

The district court was correct in concluding that the Barton couple lacks standing to challenge the non-recognition constitutional provision. See Bishop, 962 F.Supp.2d at 1272-73. This court concludes that the law of the case doctrine extended to this challenge, and the court clerk would have been the proper defendant but for changed circumstances, i.e., the affidavit of the court clerk. The law of the case doctrine does not apply. The court clerk’s duties are ministerial, and she has no authority to recognize out-of-state marriages. See Okla. Stat. tit. 43, § 5(B)(1) (listing the duties of the clerk). The Barton couple concede that they never asked the court clerk to recognize their California license.

The law of the case doctrine is one of discretion, not power, and applies only to issues actually decided. Pepper v. United States, — U.S. -, 131 S.Ct. 1229, 1250-51, 179 L.Ed.2d 196 (2011). The issue actually decided in the prior appeal of this case, Bishop I, was that the Attorney General and the Governor were not proper defendants. Bishop v. Oklahoma, 333 Fed.Appx. 361, 365 (10th Cir.2009). We stated:

The Couples claim they desire to be married but are prevented from doing so, or they are married but the marriage is not recognized in Oklahoma. These claims are simply not connected to the duties of the Attorney General or the Governor. Marriage licenses are issued, fees collected, and the licenses recorded by the district court clerks. See Okla. Stat. tit. 28, § 31; Okla. Stat. tit. 43, § 5. “[A] district court clerk is ‘judicial personnel’ and is an arm of the court whose duties are ministerial, except for those discretionary duties provided by statute. In the performance of [a] clerk’s ministerial functions, the court clerk is subject to the control of the Supreme Court and the supervisory control that it has passed down to the Administrative District Judge in the clerk’s administrative district.” Speight v. Presley, 203 P.3d 173, 177 (Okla.2008). Because recognition of marriages is within the administration of the judiciary, the executive branch of Oklahoma’s government has no authority to issue a marriage license or record a marriage.

Id. at 365 (alterations in original). We stressed that the problem was “the alleged injury to the Couples could not be caused by any action of the Oklahoma officials” named. Id. In noting that Plaintiffs never sought an injunction, we stressed that the Plaintiffs never identified “any action” that would be taken by those officials, that they “act or refrain from acting.” Id. at 365 n. 6.

Merely because we described the Plaintiffs’ two claims at the beginning of the passage cannot alter the import of what follows. No reasonable reading results in a conclusion that the court clerk was a *1112proper defendant for a challenge to the amendment’s non-recognition provision. The only functions mentioned are issuance of a license, collection of fees, and recording a license. As stated by the district court: “The Bishop couple has proven standing because they sought an Oklahoma marriage license from Smith, Smith denied them such license, and Smith did so based upon their status as a same-sex couple. Unlike with Part B, the Bishop couple has clearly demonstrated Smith’s connection to their injury.” Bishop, 962 F.Supp.2d at 1274. Here, the Barton couple had the burden to show that the court clerk had some authority over the nonrecognition provision and that their injuries are fairly traceable to her. Cressman v. Thompson, 719 F.3d 1139, 1145-46 (10th Cir.2013); Bronson v. Swensen, 500 F.3d 1099, 1109-10 (10th Cir.2007).

Nothing in Bishop I remotely suggested that the court clerk was the proper defendant for any challenge. To the contrary, the panel discussed the clerk’s authority and that “recognition of marriages is within the administration of the judiciary.” Bishop, 333 Fed.Appx. at 365. Moreover, the panel in Bishop I relied heavily on Bronson. Bronson stressed that a plaintiff must establish that this defendant caused the injury, and an injunction against this defendant would provide relief. 500 F.3d at 1111-12. Merely because the clerk is considered judicial personnel and has ministerial power over some aspects of marriage cannot change the fact that she has no power to recognize out-of-state marriages. The district court’s analysis is consistent with the care this court has taken in the past with standing. See Cressman, 719 F.3d at 1145-47; Bronson, 500 F.3d at 1111-12. The standing problem is of the Barton couple’s own making: as this court notes, Plaintiffs could very easily have sought to file a state tax return and then sued the responsible official were they not allowed.

In summary, I would hold that the Barton and Bishop couples lack standing because they failed to challenge Oklahoma’s statutes which must be respected as an independent bar to relief. I agree with the court that the Barton couple lacks standing because they sued the wrong defendant — one with no power to recognize their out-of-state marriage. As I have not persuaded my colleagues on the definition of marriage claim, I proceed to its merits.

C. Merits

I adhere to my views in Kitchen v. Herbert, 755 F.3d 1193, 1230-31, 2014 WL 2868044, at *33 (10th Cir. June 25, 2014) (Kelly, J., concurring in part and dissenting in part). Same-gender marriage is a public policy choice for the states, and should not be driven by a uniform, judge-made fundamental rights analysis. At a time when vigorous public debate is defining policies concerning sexual orientation, this court has intervened with a view of marriage ostensibly driven by the Constitution. Unfortunately, this approach short-circuits the healthy political processes leading to a rough consensus on matters of sexual autonomy, and marginalizes those of good faith who draw the line short of same-gender marriage.

Essentially, relying upon substantive due process, this court has “deduced [a right] from abstract concepts of personal autonomy” rather than anchoring it to this country’s history and legal traditions concerning marriage. See Washington v. Glucksberg, 521 U.S. 702, 725, 117 S.Ct. 2258, 138 L.Ed.2d 772 (1997). When it comes to deciding whether a state has violated a fundamental right to marriage, the substantive due process analysis must consider the history, legal tradition, and practice of the institution. Id. at 721, 117 S.Ct. 2258. Although Plaintiffs remind us history and tradition are not necessarily *1113determinative, Aplee. Br. 65, Oklahoma’s efforts to retain its definition of marriage are benign, and very much unlike race-based restrictions on marriage invalidated in Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967).

This court’s fundamental rights analysis turns largely on certain “personal aspects” of marriage including the “emotional support and public commitment” inherent in the historically accepted definition of marriage. Kitchen, 755 F.3d at 1210-13, 2014 WL 2868044, at *14-15 (relying on Turner v. Safley, 482 U.S. 78, 95-96, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987)). But analyzing marriage primarily as the public recognition of an emotional union is an ahistorical understanding of marriage. Western marriage has historically included elements besides emotional support and public commitment, including (1) exclusivity, (2) monogamy, (3) non-familial pairs, and (4) gender complementarity, distinct from procreation. Not surprisingly, this historical understanding and practice is the basis for much of state law. The core marital norms throughout Oklahoma’s history have included these elements. See Okla. Stat. tit. 43, § 201 (obligation of fidelity); Okla. Const, art. I, § 2 (prohibiting polygamy); Okla. Stat. tit. 43, § 3(C) (prohibiting incestuous marriage); Okla. Const, art. II, § 35(A) (defining marriage as “the union of one man and one woman”); Okla. Stat. tit. 43, § 3(A) (marriage qualifications for opposite-gender marriage).

Plaintiffs essentially argue that the scope of the right is unlimited. Aplee. Br. 65. In Kitchen, this court accepted a similar argument: that the definition of marriage cannot be determined by who has historically been denied access to the right. See Kitchen, 755 F.3d at 1215-16, 2014 WL 2868044 at *18. But the definition of marriage plays an important role in determining what relationships are recognized in the first place. Polygamous and incestuous relationships have not qualified for marriage because they do not satisfy the elements of monogamy and non-familial pairs, regardless of the individual status of the parties (who have historically been denied access to the right). Thus, the traditional elements of marriage have determined the relationships that have been recognized, not the other way around.

This court shortchanges the analysis of whether the fundamental right to marriage includes same-gender couples by asserting, “[o]ne might just as easily have argued that interracial couples are by definition excluded from the institution of marriage.” Id. at 1216, 2014 WL 2868044, at *19; accord Aplee. Br. 66. But, as far as I can tell, no one in Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967), could have argued that racial homogeneity was an essential element of marriage. Here, the limitation on marriage is derived from the fundamental elements of marriage, elements not implicated in invalidating marriage restrictions on inmates (Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987)) or fathers with support obligations (Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978)).

Simply put, none of the Supreme Court cases suggest a definition of marriage so at odds with historical understanding. The Court has been vigilant in striking down impermissible constraints on the right to marriage, but there is nothing in the earlier cases suggesting that marriage has historically been defined as only an emotional union among willing adults. Removing gender complementarity from the historical definition of marriage is simply contrary to the careful analysis prescribed by the Supreme Court when it comes to substantive due process. Absent a fundamental right, traditional rational basis equal *1114protection principles should apply, and apparently as a majority of this panel believes,2 the Plaintiffs cannot prevail on that basis. Thus, any change in the definition of marriage rightly belongs to the people of Oklahoma, not a federal court.

APPENDIX A

27 SCHOLARS OF FEDERALISM AND JUDICIAL RESTRAINT

Attorneys on the Brief: Anthony T. Caso, John C. Eastman, D. John Sauer

46 EMPLOYERS AND ORGANIZATIONS REPRESENTING EMPLOYERS

Attorneys on the Brief: Meghan Bailey, Susan Baker Manning, John V. McDer-mott, Lauren Schmidt, Margaret Sheer, Michael Louis Whitlock

57 OTHER FAMILY LAW PROFESSORS

Attorneys on the Brief: Rita F. Lin, Laura W. Weissbein

93 INDIVIDUAL FAITH LEADERS IN OKLAHOMA AND UTAH

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

9T05, NATIONAL ASSOCIATION OF WORKING WOMEN

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

ACLU OF OKLAHOMA

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R.

Henderson, Ryan D. Kiesel, John M. Mejia

ACLU OF UTAH

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

AFFIRMATION

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

ALDRICH, JOHN

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

ALL SOULS UNITARIAN CHURCH OF TULSA

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

ALLEN, DOUGLAS W.

Attorneys on the Brief: David C. Walker

ALVARE, HELEN M.

Attorneys on the Brief: Richard D. White

AMBROSE, DOUGLAS

Attorneys on the Brief: Frank D. Mylar

AMERICAN CIVIL LIBERTIES UNION

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiessel, John M. Mejia

AMERICAN LEADERSHIP FUND

Attorneys on the Brief: Frank D. Mylar

*1115AMERICAN MILITARY PARTNER ASSOCIATION

Attorneys on the Brief: Abbe David Lowell, Christopher Dowden Man

AMERICAN PSYCHOLOGICAL ASSOCIATION

Attorneys on the Brief: Nathalie FP. Gilfoyle, Paul March Smith

AMERICAN SOCIOLOGICAL ASSOCIATION

Attorneys on the Brief: Carmine D. Boccuzzi, Mark A. Lightner, Andrew P. Meiser, Andra Troy

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

ANDERSON, JANNA

Attorneys on the Brief: Dani Hartvig-sen

ANDERSON, RYAN

Attorneys on the Brief: Michael Francis Smith

ANTI-DEFAMATION LEAGUE

Attorneys on the Brief: Cheryl R. Dra-zin, Steven M. Freeman, Seth M. Mar-nin, Rocky Chiu-feng Tsai

API EQUALITY-LA

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

ASIAN AMERICANS ADVANCING JUSTICE, ASIAN AMERICANS ADVANCING JUSTICE-ASIAN LAW CAUCUS

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

ASIAN AMERICANS ADVANCING JUSTICE, LOS ANGELES

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

ASIAN AMERICANS ADVANCING JUSTICE-CHICAGO

Attorneys on the .Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

AUSTIN LGBT BAR ASSOCIATION

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

BAR ASSOCIATION OF SAN FRANCISCO

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

BARDAGLIO, PETER

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

BASCH, NORMA

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

BAY AREA LAWYERS FOR INDIVIDUAL FREEDOM

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

BECKET FUND FOR RELIGIOUS LIBERTY

Attorneys on the Brief: Erie C. Rass-bach, Asma Tasnim Uddin

BELTRAN, LYNN

Attorneys on the Brief: Jacob Harris Hupart, Jaren Janghorbani, Robert A. Kaplan, Joshua Kaye, Alan B. Morrison

BELZ, HERMAN

Attorneys on the Brief: Frank D. Mylar

BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE

*1116Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

BENNE, ROBERT D.

Attorneys on the Brief: Frank D. Mylar

BLAIR, MARIANNE

Attorneys on the Brief: Rita F. Lin, Laura W. Weissbein

BOWLER, SHAUN

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

BOYLE, DAVID

Attorneys on the Brief: David Boyle

CAIN, BRUCE

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

CALIFORNIA

Attorneys on the Brief: Kamala D. Harris, Peter Sacks

CAMP FIRE GREEN COUNTRY, INC.

Attorneys on the Brief: Christy L. Anderson, Sarah Elizabeth April, Kathryn R. DeBord, Stephen D. Gurr

CARBADO, DEVON

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

CARLSON, ALLAN C.

Attorneys on the Brief: Frank D. Mylar

CARROLL, JASON S.

Attorneys on the Brief: Lynn Dennis Wardle

CATHEDRAL OF HOPE OF OKLAHOMA CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

CATO INSTITUTE

Attorneys on the Brief: Ilya Shapiro, Elizabeth B. Wydra

CENTER FOR CONSTITUTIONAL JURISPRUDENCE

Attorneys on the Brief: Anthony T. Caso, John C. Eastman, D. John Sauer

CENTRAL CONFERENCE OF AMERICAN RABBIS

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

CHRISTENSEN, LAVAR

Attorneys on the Brief: Robert Theron Smith

CHURCH OF THE OPEN ARMS OF OKLAHOMA CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

CHURCH OF THE RESTORATION OF TULSA

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

CIMARRON ALLIANCE

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

CLAYTON, CORNELL W.

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

COLAGE

Attorneys on the Brief: Christy L. Anderson, Sarah Elizabeth April, Kathryn R. DeBord, Stephen D. Gurr

COLORADO GAY LESBIAN BISEXUAL TRANSGENDER (GLBT) BAR ASSOCIATION

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

COLORADO WOMEN’S BAR ASSOCIATION

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

*1117CONGREGATION KOLAMI OF SALT LAKE CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

CONNECTICUT

Attorneys on the Brief: George Jepsen, Peter Sacks

CONSTITUTIONAL ACCOUNTABILITY CENTER

Attorneys on the Brief: Shapiro Ilya, Elizabeth B. Wydra

CONSTITUTIONAL LAW SCHOLARS

Attorneys on the Brief: Lori Ann Alvino McGill, Geoffrey R. Stone

COONTZ, STEPHANIE

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

COTT, NANCY

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

COVENANT NETWORK OF PRESBYTERIANS

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

COX, DUANE MORLEY

Attorneys on the Brief: Duane Morley Cox

CURTIS, G.M.

Attorneys on the Brief: Frank D. Mylar

DELAWARE

Attorneys on the Brief: Joseph R. Biden III, Peter Sacks

DISTRICT OF COLUMBIA

Attorneys on the Brief: Irvin B. Nathan, Peter Sacks

DITZ, TOBY L.

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

DOLOVICH, SHARON

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

DUBLER, ARIELA R.

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

EDWARDS, LAURA F.

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

EGGEBEEN, DAVID J.

Attorneys on the Brief: David C. Walker

EMERGENCY INFANT SERVICES

Attorneys on the Brief: Christy L. Anderson, Sarah Elizabeth April, Kathryn R. DeBord, Stephen D. Gurr

EMERSON, MICHAEL O.

Attorneys on the Brief: Frank D. Mylar

EPISCOPAL DIOCESE OF UTAH

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

EPWORTH UNITED METHODIST CHURCH OF OKLAHOMA CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

EQUAL RIGHTS ADVOCATES

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

EQUALITY UTAH

Attorneys on the Brief: Troy L. Booher, Clifford J. Rosky, Noella A. Sudbury, Michael D. Zimmerman

FAMILY EQUALITY COUNCIL

*1118Attorneys on the Brief: Christy L. Anderson, Sarah Elizabeth April, Kathryn R. DeBord, Stephen D. Gurr

FAMILY RESEARCH COUNCIL

Attorneys on the Brief: Paul Benjamin Linton

FELLOWSHIP CONGREGATIONAL UNITED CHURCH OF CHRIST OF TULSA

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

FIRST UNITARIAN CHURCH OF OKLAHOMA CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

FLUKE, CHARLES

Attorneys on the Brief: Jacob Harris Hupart, Jaren Janghorbani, Robert A. Kaplan, Joshua Kaye, Alan B. Morrison

FREEDOM TO MARRY

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

FRIENDS FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER CONCERNS

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

GAY & LESBIAN ADVOCATES & DEFENDERS

Attorneys on the Brief: Felicia H. Ells-worth, Mark C. Fleming, Leah M. Lit-man, Dina Bernick Mishra, Kenneth Lee Salazar, Alan E. Schoenfeld, Paul Rein-herz Wolfson

GEORGE, ROBERT P.

Attorneys on the Brief: Michael Francis Smith

GEORGE, TIMOTHY

Attorneys on the Brief: Frank D. Mylar GIRGIS, SHERIF

Attorneys on the Brief: Michael Francis Smith

GLMA: HEALTH PROFESSIONALS ADVANCING LGBT EQUALITY

Attorneys on the Brief: Nicholas M. O’Donnell

GROSSBERG, MICHAEL

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

HADASSAH, THE WOMEN’S ZIONIST ORGANIZATION OF AMERICA, INC.

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

HAIDER-MARKEL, DONALD P.

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

HARTOG, HENDRIK

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

HAWKINS, ALAN J.

Attorneys on the Brief: Lynn Dennis Wardle

HAYASHI, SCOTT

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

HERMAN, ELLEN

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

HERO, RODNEY

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

HINDU AMERICAN FOUNDATION

Attorneys on the Brief: Samual P. Biek-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

HISPANIC NATIONAL BAR ASSOCIATION

*1119Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

HISTORIANS OF ANTIGAY DISCRIMINATION

Attorneys on the Brief: Katie D. Fair-child, Madeline H. Gitomer, Jessica Black Livingston, Katherine A. Nelson, Aaron M. Paul, Erica Knievel Songer, Catherine Emily Stetson, Mary Helen Wimberly

HODES, MARTHA

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

HOLLINGER, JOAN HEIFETZ

Attorneys on the Brief: Rita F. Lin, Laura W. Weissbein

HOWARD UNIVERSITY SCHOOL OF LAW CIVIL RIGHTS CLINIC

Attorneys on the Brief: David Scott Flugman

HUMAN RIGHTS CAMPAIGN

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

HUNTER, NAN D.

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

ILLINOIS

Attorneys on the Brief: Lisa Madigan, Peter Sacks

INTERFAITH ALLIANCE FOUNDATION

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

INTERFAITH ALLIANCE OF COLORADO

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

IOWA

Attorneys on the Brief: Tom Miller, Peter Sacks

JAMES, HAROLD

Attorneys on the Brief: Frank D. Mylar

JAPANESE AMERICAN CITIZENS LEAGUE

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

JEWISH SOCIAL POLICY ACTION NETWORK

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

JOHNSON, BYRON R.

Attorneys on the Brief: David C. Walker

JOSLIN, COURTNEY

Attorneys on the Brief: Rita F. Lin, Laura W. Weissbein

JUSTICE, STEVEN

Attorneys on the Brief: Frank D. Mylar KERBER, LINDA K.

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

KESHET

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

KESSLER-HARRIS, ALICE

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

KOONS, ROBERT C.

Attorneys on the Brief: Frank D. Mylar

KURTZ, STANLEY

*1120Attorneys on the Brief: Frank D. Mylar

LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.

Attorneys on the Brief: Jennifer C. Pizer, Susan Sommer, Camilla Taylor, Kenneth D. Upton

LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

LEE, TAEKU

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

LEGAL MOMENTUM

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

LEGAL VOICE

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

LEVI, MARGARET

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

LEWIS, GREGORY B.

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

LGBT & ALLIED LAWYERS OF UTAH BAR ASSOCIATION

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

LIBERTY COUNSEL, INC.

Attorneys on the Brief: Anita Staver, Mathew D. Staver

LITTLETON, CHRISTINE A.

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

LOVE HONOR CHERISH

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

LUTHERAN CHURCH-MISSOURI SYNOD

Attorneys on the Brief: Anthony T. Caso, Alexander Dushku, Richard Shawn Gunnarson, Justin W. Starr

MAINE

Attorneys on the Brief: Janet T. Mills, Peter Sacks

MARRIAGE EQUALITY USA

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

MARTINEZ-EBERS, VALERIE

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

MARYLAND

Attorneys on the Brief: Douglas F. Gan-sler, Peter Sacks

MASSACHUSETTS

Attorneys on the Brief: Martha Coak-ley, Michelle L. Leung, Jonathan B. Miller, Genevieve C. Nadeau, Peter Sacks

MAY, ELAINE TYLER

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

MAYERI, SERENA

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

MAYFLOWER CONGREGATIONAL UNITED CHURCH OF CHRIST OF OKLAHOMA CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

MCCANN, MICHAEL

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

MCDERMOTT, GERALD R.

Attorneys on the Brief: Frank D. Mylar

MCHUGH, PAUL

*1121Attorneys on the Brief: Gerard Vincent Bradley, Kevin Trent Snider

MCIFF, KAY

Attorneys on the Brief: Robert Theron Smith

METHODIST FEDERATION FOR SOCIAL ACTION

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

METROPOLITAN COMMUNITY CHURCHES

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

MINNESOTA LAVENDER BAR ASSOCIATION

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

MINTZ, STEVE

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

MOORE, RUSSELL

Attorneys on the Brief: Frank D. Mylar

MORE LIGHT PRESBYTERIANS

Attorneys on the Brief: Samual P. Bick-ett, Kurt M. Denk, Rebecca Harlow, Idin Kashefipour, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman, Rocky Chiu-feng Tsai

MORMONS FOR EQUALITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

MT. TABOR LUTHERAN CHURCH OF SALT LAKE CITY

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

NAACP SALT LAKE BRANCH & NAACP TRI STATE CONFERENCE OF IDAHO, NEVADA AND UTAH

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John M. Mejia

NATIONAL ACTION NETWORK

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

NATIONAL ASIAN PACIFIC AMERICAN BAR ASSOCIATION

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY

Attorneys on the Brief: Stephen M. Crampton, Mary Elizabeth McAlister

NATIONAL ASSOCIATION OF EVANGELICALS

Attorneys on the Brief: Alexander Dushku, Richard Shawn Gunnarson, Anthony R. Piearello, Justin W. Starr

NATIONAL ASSOCIATION OF WOMEN LAWYERS

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

NATIONAL COUNCIL OF JEWISH WOMEN

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

NATIONAL COUNCIL OF LA RAZA

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

NATIONAL GAY AND LESBIAN TASK FORCE

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

NATIONAL ORGANIZATION FOR WOMEN FOUNDATION

*1122Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

NATIONAL PARTNERSHIP FOR WOMEN AND FAMILIES

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

NATIONAL WOMEN’S LAW CENTER

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

NEHIRIM

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

NELSON, MERRILL

Attorneys on the Brief: Robert Theron Smith

NERO, NICHOLAS

Attorneys on the Brief: Jacob Harris Hupart, Jaren Janghorbani, Robert A. Kaplan, Joshua Kaye, Alan B. Morrison

NEW HAMPSHIRE

Attorneys on the Brief: Joseph A. Foster, Peter Sacks

NEW MEXICO

Attorneys on the Brief: Gary K. King, Peter Sacks

NEW MEXICO LESBIAN AND GAY LAWYERS ASSOCIATION

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

NEW YORK

Attorneys on the Brief: Peter Sacks, Eric T. Schneiderman

O’GRADY, CLAUDIA

Attorneys on the Brief: Jacob Harris Hupart, Jaren Janghorbani, Robert A. Kaplan, Joshua Kaye, Alan B. Morrison

OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW OUTLAWS

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

OKLAHOMANS FOR EQUALITY

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

OREGON

Attorneys on the Brief: Ellen F. Rosen-blum, Peter Sacks

OUTSERVE-SLDN

Attorneys on the Brief: Abbe David Lowell, Christopher Dowden Man

PAKALUK, CATHERINE R.

Attorneys on the Brief: David C. Walker

PAQUETTE, ROBERT

Attorneys on the Brief: Frank D. Mylar

PARENTS, FAMILIES AND FRIENDS OF LESBIANS AND GAYS, INC.

Attorneys on the Brief: Andrew John Davis, Jiyun Cameron Lee

PEOPLE FOR THE AMERICAN WAY FOUNDATION

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

PLECK, ELIZABETH

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

POLIKOFF, NANCY

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

PRESBYTERIAN WELCOME

Attorneys on the Brief: Samual P. Bick-ett, Kurt M. Denk, Rebecca Harlow, Idin Kashefipour, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman, Rocky Chiu-feng Tsai

PRICE, JOSEPH

*1123Attorneys on the Brief: David C. Walker

PUBLIC ADVOCATES, INC.

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

QLAW-THE GLBT BAR ASSOCIATION OF WASHINGTON

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

RAHE, PAUL A.

Attorneys on the Brief: Frank D. Mylar

RECONCILING MINISTRIES NETWORK

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

RECONCILINGWORKS: LUTHERANS FOR FULL PARTICIPATION

Attorneys on the Brief: Samual P. Bick-ett, Kurt M. Denk, Rebecca Harlow, Idin Kashefipour, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman, Rocky Chiu-feng Tsai

RECONSTRUCTIONIST RABBINICAL ASSOCIATION

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

RECONSTRUCTIONIST RABBINICAL COLLEGE

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

REGNERUS, MARK D.

Attorneys on the Brief: David C. Walker

RELIGIOUS INSTITUTE, INC.

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman, Rocky Chiu-feng Tsai

REYNOLDS, MICHAEL A.

Attorneys on the Brief: Frank D. Mylar

RHODE ISLAND

Attorneys on the Brief: Peter F. Kil-martin, Peter Sacks

ROVIG, STANFORD

Attorneys on the Brief: Jacob Harris Hupart, Jaren Janghorbani, Robert A. Kaplan, Joshua Kaye, Alan B. Morrison

SCHULTZ, VICKI

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

SEARS, BRAD

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

SEGURA, GARY

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

SHAMMAS, CAROLE

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

SHANLEY, MARY

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

SHERRILL, KENNETH

Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

SHIFFRIN, SEANA

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

SIKH AMERICAN LEGAL DEFENSE AND EDUCATION FUND

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

SMITH, CHARLES ANTHONY

*1124Attorneys on the Brief: Mark William Mosier, Jennifer Schwartz

SNOW, LOWRY

Attorneys on the Brief: Robert Theron Smith

SOCIETY FOR HUMANISTIC JUDAISM

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

SOUTH ASIAN AMERICANS LEADING TOGETHER

Attorneys on the Brief Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

SOUTHWEST WOMEN’S LAW CENTER

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

ST. STEPHEN’S UNITED METHODIST CHURCH OF NORMAN, OKLAHOMA

Attorneys on the Brief Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

STANLEY, AMY DRU

Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

STATE OF ALABAMA

Attorneys on the Brief: Thomas Molnar Fisher, Luther Strange

STATE OF ALASKA

Attorneys on the Brief: Thomas Molnar Fisher, Michael C. Geraghty

STATE OF ARIZONA

Attorneys on the Brief: Thomas Molnar Fisher, Thomas C. Horne

STATE OF COLORADO

Attorneys on the Brief: Thomas Molnar Fisher, John Suthers

STATE OF IDAHO

Attorneys on the Brief: Thomas Molnar Fisher, Lawrence G. Wasden

STATE OF INDIANA

Attorneys on the Brief: Thomas Molnar Fisher, Gregory F. Zoeller

STATE OF KANSAS

Attorneys on the Brief: Jeffrey A. Cha-nay, Bryan Charles Clark

STATE OF MICHIGAN

Attorneys on the Brief: Aaron Lind-strom, Bernard Eric Restuccia, Bill Schuette

STATE OF MONTANA

Attorneys on the Brief Thomas Molnar Fisher, Timothy C. Fox

STATE OF NEBRASKA

Attorneys on the Brief: Jon Bruning, Thomas Molnar Fisher

STATE OF OKLAHOMA

Attorneys on the Brief: Thomas Molnar Fisher, E. Scott Pruitt

STATE OF SOUTH CAROLINA

Attorneys on the Brief: Thomas Molnar Fisher, Alan Wilson

STONEWALL BAR ASSOCIATION OF GEORGIA, INC.

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

STONEWALL BAR ASSOCIATION OF MICHIGAN

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

STONEWALL LAW ASSOCIATION OF GREATER HOUSTON

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

STRAUB, D’ARCY WINSTON

Attorneys on the Brief: D’Arey Winston Straub

THE CENTER FOR URBAN RENEWAL AND EDUCATION

*1125Attorneys on the Brief: Stephen Kent Ehat

THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS

Attorneys on the Brief: Alexander Dushku, Richard Shawn Gunnarson, Anthony R. Picarello, Justin W. Starr

THE COALITION OF AFRICAN-AMERICAN PASTORS USA

Attorneys on the Brief: Stephen Kent Ehat

THE EQUALITY NETWORK

Attorneys on the Brief: Joshua A. Block, Leah Farrell, Brady R. Henderson, Ryan D. Kiesel, John Mejia

THE ETHICS & RELIGIOUS LIBERTY COMMISSION OF THE SOUTHERN BAPTIST CONVENTION

Attorneys on the Brief: Alexander Dushku, Richard Shawn Gunnarson, Anthony R. Picarello, Justin W. Starr

THE FREDERICK DOUGLASS FOUNDATION, INC.

Attorneys on the Brief: Stephen Kent Ehat

THE OUTLAWS

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

THE UTAH PSYCHOLOGICAL ASSOCIATION

Attorneys on the Brief: Nathalie F.P. Gilfoyle, Paul March Smith

TRINITY CHRISTIAN CHURCH OF EDMOND, OKLAHOMA

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

TRUAH: THE RABBINIC CALL FOR HUMAN RIGHTS

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

UNION FOR REFORM JUDAISM

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

UNITARIAN UNIVERSALIST ASSOCIATION

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

UNITED CHURCH OF CHRIST

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

UNITED CHURCH OF NORMAN, OKLAHOMA

Attorneys on the Brief: Kurt M. Denk, Jason M. Moff, Norman C. Simon, Jeffrey S. Trachtman

UNITED STATES CONFERENCE OF CATHOLIC BISHOPS

Attorneys on the Brief: Alexander Dushku, Richard Shawn Gunnarson, Anthony R. Picarello, Justin W. Starr

UNIVERSITY OF OKLAHOMA COLLEGE OF LAW LEGAL GROUP FOR BUILDING TOLERANCE AND ACCEPTANCE

Attorneys on the Brief: Nicole Susan Phillis, Jerome Cary Roth

UPHAM, DAVID R.

Attorneys on the Brief: David Robert Upham

UTAH PRIDE CENTER

Attorneys on the Brief: Clifford J. Ro-sky, Noella A. Sudbury, Michael D. Zimmerman

VERMONT

Attorneys on the Brief: Peter Sacks, William H. Sorrell

WASHINGTON

Attorneys on the Brief: Robert W. Ferguson, Peter Sacks

WELKE, BARBARA

*1126Attorneys on the Brief: Orly Degani, Daniel McNeel Lane, Matthew E. Pepping

WESTERN REPUBLICANS

Attorneys on the Brief: Stacy A. Carpenter, Bennett L. Cohen, Jon R. De-don, Sean Robert Gallagher

WILKEN, ROBERT LOUIS

Attorneys on the Brief: Frank D. Mylar

WINKLER, ADAM

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

WOLFE, CHRISTOPHER

Attorneys on the Brief: Frank D. Mylar

WOMEN OF REFORM JUDAISM

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

WOMEN’S LAW PROJECT

Attorneys on the Brief: Marcia D. Greenberger, Cortelyou Kenney, Emily Martin

WOMEN’S LEAGUE FOR CONSERVATIVE JUDAISM

Attorneys on the Brief: Samual P. Bick-ett, Rebecca Harlow, Idin Kashefipour, Rocky Chiu-feng Tsai

WOOD, PETER W.

Attorneys on the Brief: Frank D. Mylar

WORTHAM, DOUGLAS

Attorneys on the Brief: Jacob Harris Hupart, Jaren Janghorbani, Robert A. Kaplan, Joshua Kaye, Alan B. Morrison

. See, e.g., Wotf v. Walker, 986 F.Supp.2d 982, 986-87, 1027-28 (W.D.Wis.2014) (challenging marriage amendment and statutes; injunction prohibits enforcement of both); Latta v. Otter, No. 1:13-cv-00482,-F.Supp.3d --,-, -, 2014 WL 1909999, at *3, *29 (D.Idaho May 13, 2014) (same).

. Though this court disclaims an opinion, Judge Holmes’ concurrence strongly suggests that the amendment would survive rational basis review. According to the concurrence, Oklahoma’s amendment (1) is limited to a single institution: marriage, (2) is supported by history, legal precedent, and statutory enactments dating back to 1973, (3) does not divest anyone of a pre-existing right, (4) should be viewed as the product of the goodwill of one million Oklahomans, and (5) is consistent with the State's police power, unlike the federal intrusion into marriage at issue in United States v. Windsor, - U.S. -, 133 S.Ct. 2675, 186 L.Ed.2d 808 (2013).