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icymist

(15,888 posts)
Sat Jan 24, 2015, 09:35 PM Jan 2015

Proposed bill would end marriage licenses (Oklahoma)

OKLAHOMA CITY, Okla._A new bill being discussed in the State House of Representatives could mean the end of marriage licenses in the state.

State Representative Todd Russ proposed House Bill 1125 in hopes of separating government from marriage by allowing religious officials to sign off on a marriage license as opposed to a county judge. Russ came up with the idea after the U.S. Supreme Court overturned Oklahoma's same sex marriage ban in October.

Republican Representative Todd Russ says under House Bill 1125, a marriage would have to be signed off by a preacher, minister, priest, rabbi or ecclesiastical dignitary.

"Put it back to what it was supposed to be and was originally a holy matrimony and a very solemn and spiritual vow," said Rep. Russ.

If approved, Russ says the roles of judges or retired judges would change. They would no longer be able to perform marriage ceremonies. Some strongly oppose it because of what they believe it symbolizes.

"It doesn't put the county officials into the business of condoning it or approving it or licensing it," said Rep. Russ.
http://www.kswo.com/story/27918885/proposed-bill-would-end-marriage-licenses

14 replies = new reply since forum marked as read
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Erich Bloodaxe BSN

(14,733 posts)
2. The problem with that is that we have, codified into all sorts of laws at the federal level
Sat Jan 24, 2015, 09:43 PM
Jan 2015

as well as state level, various 'benefits' that accrue to 'married' couples.

I'm fine with getting the state out of the 'marriage' business, but you have to 'divorce' it from 'marriage' altogether if you do.

No more joint tax filings, no special perks that are automatically given to 'married' couples, etc. And if you still want to offer such benefits, you then have to simply offer the same benefits to anyone, married or not. Every 'spousal' benefit has to then be offered to unmarried people, who can name anyone they want to claim such benefits. The state 'condones' and 'approves' of marriage by granting any benefits at all to 'married' couples that are not open to singles as well.

TlalocW

(15,381 posts)
3. Yeah, that's gonna fly
Sat Jan 24, 2015, 09:44 PM
Jan 2015

Actually, it might in Oklahoma, but then it's going to be struck down so fast by a court.

TlalocW

avebury

(10,952 posts)
6. Once again our Attorney Generaly will end up wasting
Sat Jan 24, 2015, 09:51 PM
Jan 2015

tax payer dollars to defend any ridiculous law that the legislature passes. There is no such thing as a law too stupid enough for the State of Oklahoma to waste money on when the inevitable lawsuits are filed. And when they inevitably lose in court, then of course they will file an appeal.

icymist

(15,888 posts)
5. My favorite part is Russ saying that those who don't want religion involved in their marriage
Sat Jan 24, 2015, 09:50 PM
Jan 2015

could get a common law marriage. At the end of the article it states that common law marriages are not recognized in Oklahoma.

avebury

(10,952 posts)
7. Todd Russ is not the only fool in Oklahoma. Sally Kern leaves him in the
Sat Jan 24, 2015, 10:01 PM
Jan 2015

dust.

I remember she tried to get a bill past that would have denied funding to public libraries if they failed to segregate certain books.

Here is her latest:

http://www.newson6.com/story/27922615/rep-sally-kern-files-three-bills-against-same-sex-marriage

House Bill 1599 is being called the "Preservation and Sovereignty of Marriage Act." It says taxpayer dollars or governmental salaries cannot be used for "the licensing or support of same-sex marriage."

Under this bill no local or state employee would be allowed to quote "officially recognize, grant or enforce a same-sex marriage license and continue to receive a salary, pension or other employee benefit."

It goes on to say any judge who violates this act could also be removed from office.

Kern also filed two other bills.

House Bill 1598 “Freedom to Obtain Conversion Therapy Act” says parents would be allowed to seek counseling and therapy to help change a child's sexual orientation, without interference from the state

The other, House Bill 1597, would allow any business in Oklahoma to refuse service to any gay, lesbian, bisexual or transgender person or group.

All of this is no surprise to Kern's constituents. A few years ago she gained worldwide attention after saying the "homosexual agenda" is a bigger threat to our country than terrorism.

 

quadrature

(2,049 posts)
8. seems like a good idea
Sat Jan 24, 2015, 10:02 PM
Jan 2015

if states can't set the terms of their
own process...just dump the whole idea.

get rid of divorce court, also.

Renew Deal

(81,856 posts)
9. I don't think this is fully thought out.
Sat Jan 24, 2015, 10:50 PM
Jan 2015

The state has an interest in documenting who made a legal marriage contract, because that's what a marriage is. There would have to be a process to license wedding officiants. And limiting it to the religious only will not hold up in court. Also, there are many non-denominational type churches that would legally be able to marry anyone. So in the end it causes problems and accomplishes nothing. Now that I think about it, that sounds like the party platform.

Ms. Toad

(34,069 posts)
11. Actually the proposal is moderately interesting and may actually stand up.
Sun Jan 25, 2015, 12:31 AM
Jan 2015

The alternative to a religious ceremony under the proposed statute is registration of a common law marriage.

The status of recognition of common law marriages in OK is uncertain, and because they are not traditionally formalized they are a legal nightmare. This bill would clarify that common law marriages are legally recognized - and provide a mechanism for recording them, which would make sorting out who is married and who is not much easier (normally common law marriages get sorted out in will disputes, social security offices, etc.)

It would have the effect of permitting nearly anyone to officiate at a ceremony (for couples who want a ceremony). Couples could do whatever they want in the way of a ceremony, and as long as they go home to live with each other or consummate the marriage, they could register their common law marriage the day after the ceremony. (They could also choose not to have a ceremony at all, but just declare themselves married, and then register the marriage.)

Those seeking to keep state officials out of marriage can't avoid state involvement entirely, though, since someone at the state still has to accept the registration forms...

Ms. Toad

(34,069 posts)
14. My initial reaction was the same as yours,
Sun Jan 25, 2015, 01:05 AM
Jan 2015

and then someone linked to the bill - and it looked a lot more interesting (and constitutionally challenging) than first glance.

NightWatcher

(39,343 posts)
13. What, the gays want to live in houses? Burn all the houses down in the state.
Sun Jan 25, 2015, 12:46 AM
Jan 2015

Sounds like hyperbole, but it sounds like what the OK Reps people are trying to pull. What, they don't think that gay people can find a "church"? Someone'll open a branch of the Church of the Flying Spaghetti Monster for the sole reason of performing gay marriages if that's what it takes.

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