Okl. Const. Art. 2, sec. 35 (approved by the electorate on November 2, 2004):
A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
B. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.”
STATUTE
(43 Oklahoma Statutes Ann. Section 3.1)
Recognition
of marriage between persons of same gender prohibited
A marriage between persons of the same gender performed
in another state shall not be recognized as valid and binding
in this state as of the date of the marriage.
A lesbian couple, married in another jurisdiction, but living and residing in Oklahoma, sought a divorce from their same-sex "marriage" in an Oklahoma family court. The Oklahoma judge originally granted the divorce, but later claimed that he was unaware of the same-sex circumstance of the couple and, upon learning that information, vacated the divorce judgment and refused to exercise further jurisdiction over the matter. The same-sex couple has appealed the matter to the Oklahoma Supreme Court, requesting that their same-sex divorce be granted. Oklahoma Supreme Court held that the trial court properly vacated the decree of dissolution, but erred in dismissing the petition for dissolution of marriage (parties not provided with personal notice). The case was remanded back to the trial court to conduct a hearing allowing the peititoner to argue if there exists facts that would entitle her to relief. On remand the Court ruled the original decision stands (divorce not recognized). The case is dismissed.
This case involves one of the numerous efforts to prevent
citizens from having the freedom to vote on whether the
state should preserve the historical definition of marriage
in the Constitution. The proposed language for the Oklahoma
amendment would also prevent marriage imitations such
as civil unions or domestic partnerships.
Oklahoma residents sued the Governor of Oklahoma and President of the United States challenging Oklahoma’s new constitutional provision limiting marriage to one man and one woman. The defendants have filed motions to dismiss.On appeal, the 10th Circuit reversed the lower court's decision not to dismiss the state defendants and remanded the case. The complaint was amended adding additional defendants. State defendants were dismissed.
