Terrence C. Kern

Litigation Associate at Katten , Muchin , Zavis and Quinn , Emanuel , Urquhart , Oliver & Hedges

Katten , Muchin , Zavis and Quinn , Emanuel , Urquhart , Oliver & Hedges
Wrong Terrence Kern?

Last Updated 4/6/2014

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Lifetime Member  - Historical Society of the Tenth Judicial Circuit

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After graduating from Harvard Law School, Ms. Riley served as a judicial clerk for Chief Judge Terry Kern of the Northern District of Oklahoma in Tulsa, and as a litigation associate at the Los Angeles firms of Katten, Muchin, Zavis and Quinn, Emanuel, Urquhart, Oliver & Hedges.

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The latest case in point is the ruling of U.S. District Judge Terrence C. Kern regarding same-sex marriage, overturning the amendment by which Oklahomans restricted the State's recognition of marriage to heterosexual couples.
Though the decision contained nothing new, both its content and the manner in which it was argued by both sides illustrate the deadly legal chicanery by which the elitist faction means to dissolve the moral, legal and institutional basis for just government, i.e., government aimed at securing the God-endowed unalienable rights of the people. Nowhere in his judgment does Judge Kern refer to this fundamental purpose of government. This omission is the key to understanding the deadly legalistic deception his decision carries on. So is the fact that he pretends to talk about rights, but ignores the special natural prerogative that gives rise to the institution of marriage. He pretends to see no rational basis for restricting the legal recognition of marriage to couples that are, in principle, capable of natural procreation. (In principle, means, of course, with respect to their God-endowed nature as human beings, not their incidental circumstances or intentions.) Yet the unalienable right of marriage depends on the special prerogative (natural command or rule of the Creator) of procreation. Members of a same-sex couple cannot humanly procreate with one another in the natural way. So they have no basis on which to claim the right rationally connected with the special prerogative of procreation. Judge Kern purports to discuss natural procreation, but he omits to discuss its connection with natural right.

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US Senior District Judge Terrance Kern, a life-long Oklahoman educated at Oklahoma State and with a former 24-year private practice in Ardmore, described the ban as "an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit."
"Equal protection is at the very heart of our legal system and central to our consent to be governed," Kern's 68-page decision says.

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