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.
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.
Two same-sex couples filed suit in federal court in Okalahoma, seeking a declaration that the Oklahoma marriage amendment and the federal DOMA are unconstitutional. The district court granted a motion to dismiss the plaintiffs' claims based on the Full Faith and Credit clause and Privileges and Immunities clause. The case is now at the summary judgment stage to decide the due process and equal protection claims.
