LGBT rights in Oklahoma
|LGBT rights in Oklahoma|
|Same-sex sexual activity legal?||Legal statewide since 2003
(Lawrence v. Texas)
|Gender identity/expression||State does not alter sex on birth certificates for transsexual people|
|Discrimination protections||None statewide|
|Oklahoma Question 711 limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions (ban declared unconstitutional on January 14, 2014 and reaffirmed on July 18, 2014)|
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oklahoma face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Oklahoma. Same-sex couples and families headed by same-sex couples are not eligible for all the protections available to opposite-sex married couples.
Law regarding same-sex sexual activity
Recognition of same-sex relationships
In April 2004, the Oklahoma Senate, by a vote of 38 to 7, and the Oklahoma House, by a vote of 92 to 4, approved of a constitutional ban on same-sex marriage. On November 2, 2004, Oklahoma voters approved Oklahoma Question 711, a constitutional amendment which bans same-sex marriage and any "legal incidents thereof be conferred upon unmarried couples or groups". On January 14, 2014, Judge Terence C. Kern, of the United States District Court for the Northern District of Oklahoma, declared Question 711 unconstitutional. The case, Bishop v. United States (formerly Bishop v. Oklahoma), was stayed pending appeal. A 3-judge panel of the Tenth Circuit heard oral arguments in Bishop on April 17, 2014, and upheld the district court's decision on July 18.
Adoption and parenting
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.
Oklahoma law does not address discrimination based on gender identity or sexual orientation.
The city of Norman has a nondiscrimination policies that prohibit discrimination in employment for sexual orientation and gender identity, while the cities of Oklahoma City and Tulsa have nondiscrimination policies that prohibit discrimination in employment for sexual orientation only.
Hate crime laws
State law does not address hate crimes based on gender identity or sexual orientation.
Proposed legislation to institute in the Oklahoma National Guard a local version of "Don't ask, don't tell" (DADT), the federal policy that formerly prohibited gays and lesbians from serving openly in the U.S. military, was proposed in January 2012 and withdrawn in February.
Following the U.S. Supreme Court decision in Windsor in June 2013 invalidating Section 3 of the Defense of Marriage Act, the U.S. Department of Defense issued directives requiring state units of the National Guard to enroll the same-sex spouses of guard members in federal benefit programs. Guard officials in Oklahoma enrolled some same-sex couples until September 5, 2013, when Governor Fallin ordered an end to the practice. Defense Secretary Chuck Hagel on October 31 said he would insist on compliance. On November 6, Fallin announced that members of the Oklahoma National Guard could apply for benefits for same-sex partners at federally owned ONG facilities, where most staffers are federal employees, and at federal military installations. When DoD officials objected to that plan, Fallin ordered that all married couples, opposite-sex or same-sex, would be required to have benefits requests processed at those facilities.
- "Oklahoma Sodomy Law". Human Rights Campaign. June 26, 2003. Retrieved November 2, 2013.
- "Oklahoma Marriage/Relationship Recognition Law". Hrc.org. March 16, 2007. Retrieved November 2, 2013.
- CNN: Ballot Measures, accessed May 15, 2011
- "US judge strikes down Oklahoma gay marriage ban as 'arbitrary, irrational' (+video)". Csmonitor.com. 2014-01-14. Retrieved 2014-06-29.
- Federal lawsuit renewed against Oklahoma's constitutional ban of same-sex marriage Accessed 11 December 2010
- Associated Press (August 8, 2014). "Oklahoma same-sex marriages ruled constitutional for second time". The Guardian. Retrieved July 19, 2014.
- Human Rights Campaign: Oklahoma Adoption Law, accessed May 15, 2011
- Finstuen v. Crutcher (10th Cir. 2007), accessed July 11, 2011
- Human Rights Campaign: Oklahoma Non-Discrimination Law, accessed May 15, 2011
- "Municipal Equality Index". Human Rights Campaign. Retrieved November 21, 2013.
- Kimball, Michael (November 16, 2011). "Oklahoma City Council passes sexual orientation measure". The Oklahoman. Retrieved May 25, 2013.
- Bryan, Emory (June 18, 2010). "Tulsa City Council Approves Sexual Orientation Policy; Rejects Immigration Ordinance". News on 6. Retrieved May 25, 2013.
- "Oklahoma Hate Crimes Law". Human Rights Campaign. Retrieved 15 May 15, 2011.
- "Bill Would Reintroduce DADT to Oklahoma Guard". Military.com. January 10, 2012. Retrieved February 22, 2012.
- "DADT Bill Apparently Shelved in Oklahoma House". Military.com. February 21, 2012. Retrieved February 22, 2012.
- "Oklahoma Gov. Mary Fallin tells National Guard to deny same-sex benefits". New York Daily News. September 18, 2013. Retrieved December 3, 2013.
- Johnson, Chris (October 31, 2013). "Hagel to direct nat'l guards to offer same-sex benefits". Washington Blade. Retrieved December 3, 2013.
- Allen, Silas (November 7, 2013). "Oklahoma National Guard will process same-sex spouse benefits at a few federal facilities". NewsOK. Retrieved December 3, 2013.
- Mills, Russell (November 20, 2013). "Fallin: OK will no longer process benefits for National Guard couples". KRMG. Retrieved February 14, 2014.