Current Legal Issues Regarding Same-Sex Marriage

The Basics…

The legal basis for allowing same-sex marriage in Oklahoma was established in 2014. This court decision was based on the following factors:

  • The Court found that the hard-lined defense of traditional marriage risks being a guise for impermissible discrimination against same-sex couples that purposefully drew a line of distinction between the citizens of Oklahoma.

  • It was also determined that the ban on same-sex marriage was irrational and had no basis in reason. The opposing opinions cited moral concerns and a worry that it would cause upheaval in the family structure. The court replied that this can’t possibly be the case because prior to the legalization of same-sex marriage Oklahoma boasted a consistently higher than average divorce rate among heterosexual couples and that moral disapproval is not a permissible justification for a law.

  • The court also found that objections regarding a same-sex couple’s inability to procreate “naturally” was not a sufficient reason to ban marriage, as there are numerous reasons that might prevent a heterosexual couple from procreating and is not a legal barrier to marriage, and thus is not a reasonable justification to prevent same-sex couples from marrying.

  • The court further found that denying same-sex couples the right to marry does nothing to promote stability in heterosexual parenting, and that refusing to recognize the validity of same-sex marriages performed in other states would do extensive harm to family units.

Current Legal Issues

  • Retroactivity

  • Divorce

  • Division of Property

  • Child Custody

  • Common Law Marriage

Legal Concerns

If you have concerns regarding a same-sex relationship, give us a call to discuss your legal options. Whatever your circumstance, we are here to help.

Boeheim Freeman Law is committed to helping you and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?

Call today for your free consultation at 918-884-7791