Oklahoma Marriage Question 711 (2004)
Marriage and Family
|Not on ballot|
State Question No. 711 appeared on the November 2, 2004 ballot in Oklahoma as a legislatively-referred constitutional amendment, where it was approved, but was later overturned by the U.S. District Court for the Northern District of Oklahoma.
Federal appeals court ruling
On June 25, 2014, a three member panel of the 10th Circuit Court of Appeals struck down bans on gay marriage in the states of Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. This was the first ruling made by a federal appeals court on this issue, which sets a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process.
While the decision was based off of a case originating in Utah, Oklahoma has submitted its own case for review by the Court of Appeals, which is still pending.
Stay of decision
|Oklahoma Question No. 711 (2004)|
|Overturned Case:Bishop v Oklahoma|
Election results via: The Oklahoma State Elections Board
"This measure adds a new section of law to the Constitution. It adds Section 35 to Article 2. It defines marriage to be between one man and one woman. It prohibits giving the benefits of marriage to people who are not married. It provides that same sex marriages in other states are not valid in this state. It makes issuing a marriage license in violation of this section a misdemeanor."
Additionally, it is the only such amendment that establishes criminal penalties for issuing a marriage licence in violation of its provisions.
Supporters of State Question 711 have said the Oklahoma amendment deals with only one topic - marriage - and will withstand constitutional scrutiny in this state.
A SurveyUSA poll of 583 likely voters showed 73 percent of Oklahoma voters supported the amendment while just 29 percent were opposed. The poll was conducted from Oct. 4 to Oct. 6 with a plus-or- minus 3.8 percent margin of error.
Support for the amendment was overwhelming in all demographic groups.
Men were more likely than women to support the measure (77 percent of men compared to 70 percent of women), and those between age 35 and 49 and those over 65 showed the highest level of support (78 percent each) among age brackets.
More than 4,000 people attended a "Pro-Marriage Rally" on Tuesday, an event organized by more than 40 Tulsa-area churches.
Nick Garland, pastor of the First Baptist Church of Broken Arrow, said in a press release that the purpose of the rally, held at the Union High School Performing Arts Center, was to "celebrate marriage between a man and a woman."
Opponents have argued that the proposed amendment would outlaw common-law marriages as well as same-sex marriages and unsuccessfully sought to have the question struck from the ballot on that basis. State questions can only address one issue at a time. However, the Oklahoma Supreme Court did not intervene..
Financing the campaign
Supporters of the measure spent $21,644, while opponents spent $11,616.
- 2004 Oklahoma General Election Results
- New York Times ,"Oklahoma’s Ban on Gay Marriage Is Unconstitutional, Judge Rules," January 14, 2014
- Salt Lake Tribune, "10th Circuit Court upholds same-sex marriage," June 25, 2014
- NewsOK, "10th Circuit Court Says States Can't Ban Gay Marriage," June 25, 2014
- ABC News, "Appeals Court: States Can't Ban Gay Marriage," June 25, 2014
- DOMAwatch.org - Oklahoma
- Marriage question among most popular on state ballot
- Oklahomans for the protection of marriage
- Follow the Money database for Oklahoma State Question 711
State of Oklahoma
Oklahoma City (capital)
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