Q: Does Oklahoma recognize same-sex marriages?
A: On January 14, 2014, US District Court Judge Terence Kern ruled that “Part A” of an Oklahoma Constitutional amendment that limits marriage to heterosexual couples violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. The Court held that this portion of the amendment impermissibly excludes a class of citizens from receiving governmental benefits.
Despite the ruling, same-sex couples in Oklahoma cannot apply for marriage licenses as the Judge additionally held that the ruling would not immediately be enforced. This delay allows his decision to make its way through the federal appeals process.
With the ruling last summer by the U.S. Supreme Court striking down the federal Defense of Marriage Act, the U.S. government now recognizes same-sex marriages. The U.S. Supreme Court did not address how the federal recognition of same-sex marriages coincides with state laws, such as the Oklahoma law, which prohibit such marriages. However, it appears we shall soon see how this plays out.
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Baysinger Henson & Reimer PLLC
8414A North 123rd East Avenue
Owasso, OK 74055
Phone: 918-376-7208
Fax: 918-274-0460
