Gay marriage legal in oklahoma

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The marriage license fee is typically $50, but it can be reduced to $5 if applicants present an original certificate of successful completion of a premarital counseling program.

Once issued, the license is valid for 10 days. Marriage opponents seek review of the decision by the U.S. Supreme Court.

gay marriage legal in oklahoma

The ruling ensured that same-sex couples possess the same rights and responsibilities as opposite-sex couples regarding marriage.

Rights and Responsibilities of Marriage in Oklahoma

Marriage in Oklahoma confers a range of legal rights and responsibilities upon both spouses. Hodges (2015). The amendment cements clearly discriminatory language into the Oklahoma Constitution.

  • November 3, 2004: Same-sex couples and private counsel file a federal legal case seeking the freedom to marry in Oklahoma, Bishop v.

    She asked the court, which holds a conservative supermajority, to overturn Obergefell v. Read the ruling. 

  • October 6, 2014: The United States Supreme Court denies review of the marriage legal cases, bringing the freedom to marry to Oklahoma and paving the path to marriage in a total of sixteen states.
  • June 26, 2015: The United States Supreme Court rules in favor of the freedom to marry, ending marriage discrimination across the country.

    • Groups That Actively Worked on Marriage

    • Freedom Oklahoma was the grassroots public education campaign to build support for the freedom to marry in Oklahoma.
    • The Equality Network is the organization based in Oklahoma that lobbies for pro-equality legislation and public policies in the Sooner State.
    • Oklahomans for Equality is an organization seeking equal rights for lesbian, gay, bisexual, and transgender (LGBT) individuals and families through advocacy, education, programs, alliances, and the operation of the Dennis R.

      Neill Equality Center.

    • Freedom to Marry was the campaign to win marriage for same-sex couples nationwide.

    Audio from the 10th Circuit Hearing on Oklahoma's Marriage Ban

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    Is Gay Marriage Legal in Oklahoma?

    Gay marriage is legal in Oklahoma. These include property rights, inheritance rights, and recognition as next of kin for healthcare and funeral decisions.

    Read the ruling. 

  • April 1, 2014: Across the Sooner State, same-sex couples and their supporters come together to form Freedom Oklahoma, the broad-based coalition and public education campaign dedicated to winning marriage for same-sex couples in Oklahoma.
  • July 18, 2014: The U.S.

    Court of Appeals for the 10th Circuit affirms the freedom to marry in Oklahoma, upholding Judge Kern’s ruling. "It is a waste of legislative time to attempt to roll back these rights that so many fought long and hard for."

    • This change occurred after the U.S. Supreme Court declined to review a federal appeals court decision that had found Oklahoma’s ban on same-sex marriage unconstitutional.

    The Landmark Supreme Court Decision

    The right to marry for same-sex couples nationwide was established by the U.S.

    Supreme Court’s decision in Obergefell v. Minors aged 16 or 17 may obtain a license with the consent of a parent or legal guardian, and a 72-hour waiting period applies. The ruling is immediately appealed to the United States Court of Appeals for the 10th Circuit. There were roughly 164,000 votes that supported gay marriage.

    After a 10-year legal battle, the amendment was found unconstitutional in 2014 following U.S.

    District Court Judge Terence Kern's ruling. Additionally, marriage provides rights related to spousal support and can impact eligibility for certain social security and other government benefits.

    Requirements for Marriage in Oklahoma

    To obtain a marriage license in Oklahoma, both parties must be present at a County Court Clerk’s office.

    This decision effectively invalidated any state laws or constitutional amendments that prohibited same-sex marriage, including those previously in place in Oklahoma. Also, President Joe Biden signed the Respect for Marriage Act in 2022, which passed through Congress with bipartisan support and requires all states to recognize same-sex and interracial marriages.

    Though the request has made headlines, many uncertainties remain.

    Here's what we do know about potential changes to the legality of same-sex marriage as of 2025, and what it might mean in Oklahoma.

    Same-sex marriage laws in Oklahoma

    The status of same-sex marriage depends on the Supreme Court's ruling.

     

  • 1996: The Oklahoma legislature passes an additional state statute declaring that Oklahoma will not respect marriage licenses between same-sex couples, even if they are legally issued in another jurisdiction.
  • November 2, 2004: Opponents of the freedom to marry in Oklahoma push through Oklahoma Question 711, a constitutional amendment denying same-sex couples the freedom to marry and any other legal family status.

    Applicants must provide valid identification, such as a driver’s license or passport, to prove identity and age.

    The general age requirement is 18 years or older without parental consent. This ruled same-sex marriage legal in Oklahoma, and several couples ran to the clerk's offices to wed.

    In the hypothetical where the Court yields power to the states, given the unconstitutionality would still stand, Oklahoma would have to define further what marriage looks like within the state through legal action.

    But given that a decision has yet to be made by the Supreme Court, it is unclear what would happen to marriage equality in Oklahoma.

    Oklahoma legislators petitioned SCOTUS to repeal Obergefell

    Earlier this spring, a resolution was filed by Sen.

    Dusty Deevers, R-Elgin, and Rep. Jim Olsen, R-Roland, wishing that the Supreme Court overturn the Obergefell ruling.

    Oklahoma was one of a group of states — most of which are politically conservative — to try to push back against the 2015 decision, joining Idaho, Montana, North Dakota, Michigan, South Dakota, Missouri, Tennessee and Texas.

    Deevers wrote in the resolution, filed May 1, that “the Obergefell decision has resulted in litigation directly targeting Christians, such as Colorado baker Jack Phillips and Washington florist Barronelle Stutzman, for adhering to the historic definition of marriage."

    Though the resolution did not pass the initial introduction, it went on to have 39 co-authors from both the House and the Senate listed in addition to Deevers and Olsen.

    Democrats at the time said the resolution was "a waste of legislative time."

    "All Oklahomans have the right to love whom they love in peace without state interference," said Senate Minority Leader Julia Kirt, D-Oklahoma City.

    The signed license must be returned to the issuing County Court Clerk’s office for recording within 30 days.

    • SCOTUS asked to overturn same-sex marriage. The state began issuing marriage licenses to same-sex couples on October 6, 2014. This article outlines the legal foundation for same-sex marriage, the landmark Supreme Court decision that established this right, and the general rights, responsibilities, and requirements for all married couples in Oklahoma.

    Current Legal Status of Same-Sex Marriage in Oklahoma

    Same-sex marriage is legally recognized in Oklahoma.

    This ruling held that the right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The case ruled that the Oklahoma Constitution violated the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. The judge issues a stay on the ruling pending appeal, so same-sex couples are not immediately allowed to receive marriage licenses.