Rainbow Law has a document package designed to protect same-sex partners in Oklahoma. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Oklahoma law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.
Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in Oklahoma are not legally recognized as spouses even if they were married in a marriage equality state or country.
Here is a run-down on Oklahoma law affecting the LGBTQ community:
1 Recognition of Same-Sex Relationships: Oklahoma does not permit the issuance of marriage licenses to same-sex couples. The state forbids, both by statute and in its constitution, the recognition of same-sex marriages and other form of same-sex partnership solemnized in other jurisdictions.The constitutional amendment defining marriage was approved in a voter referendum in November 2004. The day after Oklahoma voters overwhelmingly approved a constitutional amendment banning same-sex marriage, two lesbian couples filed a challenge in federal court in Tulsa. The case is Bishop v. United States of America and the lawsuit has been ongoing.
In May 2012, the Oklahoma Senate passed SCR 62, a non-binding resolution reaffirming marriage between one man and one women. It passed 40-4, with 4 senators absent from the vote.
In April 2013, the Oklahoma House of Representatives passed HCR 1009, a non-binding resolution reaffirming marriage between one man and one women and urging the Supreme Court to uphold the Defense of Marriage Act and the right of states to regulate marriage. It passed 84-0, with 71 Republicans and 13 Democrats voting yes, while 16 Democrats walked out of the chamber instead of voting in protest. Republican John Trebilcock was also absent of the vote. The Oklahoma Senate later that month approved the non-binding resolution.
However, as of 1 November 2013, there are three same-sex couples who have been issued licenses through the Cheyenne and Arapaho Tribes, a sovereign nation within the borders of Oklahoma despite the official state prohibition.
2 Adoption Law: Oklahoma permits adoption by an unmarried adult without regard to sexual orientation. In August 2007, the Tenth Circuit Court of Appeals in the case of Finstuen v. Crutcher ordered Oklahoma to issue a revised birth certificate showing both adoptive parents to a child born in Oklahoma who had been adopted by a same-sex couple married elsewhere.
3 Anti-Discrimination Law: Oklahoma law does not address discrimination based on gender identity or sexual orientation.Oklahoma City and Tulsa both have nondiscrimination policies that prohibit discrimination in employment for sexual orientation only. State law does not address hate crimes based on gender identity or sexual orientation.
4 Sodomy Law: Same-sex sexual activity has been legal in Oklahoma since 2003, when the United States Supreme Court struck down all state sodomy laws with Lawrence v. Texas.
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