Oklahoma Question 711[1] of 2004, is an amendment to the Oklahoma Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. 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]
Legal Challenges [edit]
Question 711 is currently being challenged in a federal court. The case is Bishop v. United States of America.[4]
See also [edit]
References [edit]
- ^ General Election, November 2, 2004, Summary Results, Oklahoma State Election Board. Accessed 22 December 2006.
- ^ CNN.com Election 2004 - Ballot Measures Accessed 30 November 2006.
- ^ a b Oklahoma Constitution, Article II, section 35, at domawatch.org. Accessed 22 December 2006.
- ^ Federal lawsuit renewed against Oklahoma's constitutional ban of same-sex marriage Accessed 11 December 2010
External links [edit]
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U.S. same-sex unions ballot measures
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| 1990s |
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| 2000s |
- California Proposition 22 (2000, Ban)
- Nebraska Initiative 416 (2000, Ban)
- Nevada Question 2 (2002, Ban)
- Arkansas Constitutional Amendment 3 (2004, Ban)
- Georgia Constitutional Amendment 1 (2004, Ban)
- Kentucky Constitutional Amendment 1 (2004, Ban)
- Louisiana Constitutional Amendment 1 (2004, Ban)
- Michigan Proposal 04-2 (2004, Ban)
- Mississippi Amendment 1 (2004, Ban)
- Missouri Constitutional Amendment 2 (2004, Ban)
- Montana Initiative 96 (2004, Ban)
- North Dakota Constitutional Measure 1 (2004, Ban)
- Ohio Issue 1 (2004, Ban)
- Oklahoma Question 711 (2004, Ban)
- Utah Constitutional Amendment 3 (2004, Ban)
- Kansas Amendment 1 (2005)
- Texas Proposition 2 (2005, Ban)
- Alabama Amendment 774 (2006)
- Arizona Proposition 107 (2006, Constitutional ban defeated)
- Colorado Amendment 43 (2006, Ban)
- Idaho Amendment 2 (2006)
- South Carolina Amendment 1 (2006, Ban)
- South Dakota Amendment C (2006)
- Tennessee Amendment 1 (2006, Ban)
- Marshall-Newman Amendment (Virginia) (2006, Ban)
- Wisconsin Referendum 1 (2006, Ban)
- Arizona Proposition 102 (2008, Ban)
- California Proposition 8 (2008, Ban)
- Florida Amendment 2 (2008, Ban)
- Maine Question 1 (2009, Legalizing legislation defeated)
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| 2010s |
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| Same-sex marriage legalized: |
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Same-sex marriage recognized,
but not performed: |
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| Civil union or domestic partnership legal: |
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| Same-sex marriage prohibited by statute: |
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Same-sex marriage prohibited
by constitutional amendment: |
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All types of same-sex unions prohibited
by constitutional amendment: |
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Recognition of same-sex unions undefined
by statute or constitutional amendment:
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Notes
† California's laws on marriage are complicated: All out-of-state same-sex marriages are given the benefits of marriage under California law, although only those performed before November 5, 2008, are granted the designation "marriage". The constitutional ban on same-sex marriage remains in limbo following a federal case finding the ban unconstitutional, which is currently stayed pending a Supreme Court decision.
* 64 same-sex marriages were issued in 2004: one of these marriages was recognized as valid for the purposes of divorce in 2010. However this was a narrow ruling, and the recognition of the marriages is unknown elsewhere.
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