Lawyers for a lesbian couple suing an Oklahoma court clerk to have their out-of-state marriage recognized in Oklahoma say the defendant is denying the progress of contraception and reproductive technologies.
Susan Barton and Gay Phillips were married in California in 2008. They're suing Tulsa County Court Clerk Sally Howe Smith to have their marriage recognized in Oklahoma.
Smith argues that marriage exists for its procreative potential.
Lawyers for Barton and Phillips said in a brief filed Monday that modern contraception allows adult couples to decide whether and when to have children.
In January, Judge Terence Kern ruled the Oklahoma law banning same-sex marriage violates the U.S. Constitution.
The lawsuit also deals with another same-sex couple's right to marry in Oklahoma.
A hearing before the 10th Circuit Court of Appeals is set for April 17.