Oklahoma Question 711

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Oklahoma Question 711[1] of 2004, is an amendment to the Oklahoma Constitution that defines marriage as the union of a man and a woman, thus rendering recognition or performance of same-sex marriages or civil unions[citation needed] null within the state. The referendum was approved by 76 percent of the voters.[2] Additionally, it is the only such amendment that establishes criminal penalties for issuing a marriage licence in violation of its provisions.[3]

The text of the amendment states:

(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.[3]

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), has been stayed pending appeal.[4] On July 18, 2014, the United States Court of Appeals for the Tenth Circuit ruled that Oklahoma's ban was unconstitutional.[5]


Question 711[6]
Choice Votes  %
Referendum passed Yes 1,075,216 75.58
No 347,303 24.42
Total votes 1,422,519 100.00
Registered voters and turnout 2,510,823 56.65

See also[edit]


  1. ^ General Election, November 2, 2004, Summary Results, Oklahoma State Election Board. Accessed 22 December 2006.
  2. ^ CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
  3. ^ a b at sos.ok.gov Accessed 18 July 2014.
  4. ^ Federal lawsuit renewed against Oklahoma's constitutional ban of same-sex marriage Accessed 11 December 2010
  5. ^ Bell, Kyle (18 July 2014). "10th Circuit Appeals Court Strikes Down Oklahoma Gay Marriage Ban". South Bend Voice. Retrieved 18 July 2014. 
  6. ^ "2004 General Election Turnout Rates". United States Election Project. June 4, 2013. 

External links[edit]