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Smith v. Bishop

Description:  In 2009, two same-sex couples sued Tulsa County Clerk Sally Howe Smith, represented by Alliance Defending Freedom attorneys, after she declined to issue them marriage licenses because of the state’s marriage laws that affirm marriage as the union of one man and one woman.


Monday, Oct 6, 2014
The following quote may be attributed to Alliance Defending Freedom Senior Counsel Byron Babione regarding the U.S. Supreme Court’s decision Monday declining to hear cases involving marriage laws in several states, including petitions ADF attorneys filed in defense of Oklahoma’s and Virginia’s marriage laws:

“The court’s decision not to take up this issue now means that the marriage battle will continue. Several federal courts – including those in the 5th, 6th, 8th, and 11th circuits – still have cases working their way to the Supreme Court. ADF will continue to remain a leader in the critical effort for the freedom of the people. The people should decide this issue, not the courts.”

  • Pronunciation guide: Babione (BABB’-ee-ohn)

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

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Legal Documents

District court opinion: Bishop v. United States of America
10th Circuit opening brief: Bishop v. Smith

Related Resources

ABOUT Jim Campbell

Jim Campbell serves as chief legal counsel with Alliance Defending Freedom, where he leads the U.S. Legal Advocacy team. In that role, Campbell oversees all U.S. litigation teams, Allied Legal Affairs, the Church and Ministry Alliance, and advocacy strategy. Prior to joining ADF in March 2023, Campbell was the solicitor general in the office of Nebraska Attorney General Douglas J. Peterson and Michael T. Hilgers. In that role, he represented the state of Nebraska in cases before state and federal courts and oversaw all civil appeals for the state. In February 2023, Campbell argued Biden v. Nebraska before the U.S. Supreme Court, a case in which Nebraska and five other states challenged the Biden administration’s attempt to forgive over $400 billion in federal student loans for over 40 million individuals. Before joining the Nebraska attorney general’s office in January 2020, Campbell worked as senior counsel with ADF. He earned his Juris Doctor from the University of Akron School of Law, where he graduated summa cum laude in 2006. Following law school, he clerked for the Honorable Alice M. Batchelder of the U.S. Court of Appeals for the 6th Circuit. Campbell is admitted to the state bars of Ohio, Arizona, and Nebraska. He is also admitted to multiple federal district and appellate courts, including the U.S. Supreme Court.