Bishop v. Smith

Bishop v. Smith (orig. Bishop v. Oklahoma) is a federal court challenge filed Nov. 3, 2004 (the day after Oklahoma voters overwhelmingly approved a constitutional amendment banning same-sex marriage), in U.S. District Court for the Northern District of Oklahoma, challenging the state's ban on same-sex marriage. The plaintiffs are two same-sex couples, one couple seeking to marry in Oklahoma, and the other couple legally married in Canada in 2005 and again in California in 2008, seeking recognition of their marriage in Oklahoma.

On Jan. 14, 2014, U.S. District Judge Terence Kern struck down Oklahoma’s ban on same-sex marriage ban, describing it as “an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit.” Kern stayed enforcement of his judgement pending appeal to the U.S. Court of Appeals for the Tenth Circuit.