In November 2004, Oklahoma amended its state constitution to limit the state’s recognition of marriage to heterosexual marriage and making it a crime to issue a marriage license to a same-sex couple. The amendment was supported with religious arguments and appeals to scripture. In response, two lesbian couples sued to invalidate the amendment.
After nearly a decade of litigation, the federal trial court held that Oklahoma’s marriage ban is unconstitutional. The state appealed that decision to the U.S. Court of Appeals for the Tenth Circuit.
The City of San Diego leases large parcels of prime parkland to the Boy Scouts of America at nominal rates. The Boy Scouts discriminate in membership and employment against atheists and agnostics by requiring scouts and leaders to profess a belief in God. A federal trial court held that the leases were unconstitutional because the Boy Scouts are a religious organization and San Diego’s leasing process was not neutral. The Boy Scouts appealed to the U.S. Court of Appeals for the Ninth Circuit.