New filing in Oklahoma gay marriage appeal

New filing in Oklahoma gay marriage appeal

The battle over gay marriage in Oklahoma continues with a new twist.

In a court filing Monday night, children are the latest issue to be brought into the same-sex marriage battle in Oklahoma.

In the filing, the Alliance Defending Freedom cites courts and anthropologists, stating children are better off in a home with a mother and father. The group also says the two women in Tulsa had no fundamental right to marry. 

Lawyers for the court clerk who refused to grant the  marriage license say the federal judge was wrong to overturn the state's voter-approved ban. Last month Federal Judge Terence Kern rejected Oklahoma's same-sex marriage ban, saying it excluded one class of citizens from a constitutional right.

The state's appeal says if the ruling stands, it would send the message that marriage exists "to advance adult desires'' rather than putting children's needs first.