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 submitted its own case for review by the Court of Appeals. On July 18, 2014, the court directly struck down the Oklahoma ban in that case.
Stay of decision
United States Supreme Court
On October 6, 2014, the Supreme Court of the United States declined to hear the case, thus allowing the ruling of the Tenth Circuit Court to stand and legalizing same-sex marriage in Oklahoma.
|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.
Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."
The following constitutional bans were approved by voters, but later overturned by courts:
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Montana Marriage Verification, Measure CI-96 (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Carolina Amendment 1, the Marriage Act (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- Note: Florida's repeal will go into effect on January 5, 2015.
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- Texas Definition of Marriage Act, Proposition 2 (2005)
The following constitutional bans were approved by voters and have been upheld or not overturned by courts:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- Mississippi Marriage Definition, Amendment 1 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- South Dakota Marriage Amendment (2006)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
The following constitutional bans were defeated by voters:
- Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.
- 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
- Associated Press, "U.S. appeals court says Oklahoma must allow gay marriage," July 18, 2014
- ABC News, "Appeals Court: States Can't Ban Gay Marriage," June 25, 2014
- The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
- DOMAwatch.org - Oklahoma
- Marriage question among most popular on state ballot
- Oklahomans for the protection of marriage (timed out)
- Follow the Money database for Oklahoma State Question 711
State of Oklahoma
Oklahoma City (capital)
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