Oklahoma State Question 711 (2004)
Encyclopedia
Oklahoma State Question 711 of 2004, is an amendment to the Oklahoma Constitution
that makes it unconstitutional for the state to recognize or perform same-sex marriage
s or civil union
s. The referendum was approved by 76 percent of the voters. Additionally, it is the only such amendment that establishes criminal penalties for issuing a marriage licence in violation of its provisions.
The text of the amendment states: 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. 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. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
that makes it unconstitutional for the state to recognize or perform same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s. The referendum was approved by 76 percent of the voters. Additionally, it is the only such amendment that establishes criminal penalties for issuing a marriage licence in violation of its provisions.
The text of the amendment states: 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. 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. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.
Legal Challenges
Question 711 is currently being challenged in a federal court. The case is Bishop v. United States of America.External links
- The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics
- The Gayly Oklahoman, LGBT newspaper in Oklahoma