LGBTQ+ Rights in a Changing Society
Nationwide, same-sex couples have had a rocky road in gaining the same legal rights as heterosexual couples. Oklahoma officially recognized same-sex marriage following the landmark Supreme Court decision in Obergefell v. Hodges in 2015.
Prior to the Obergefell decision, Oklahoma had a tumultuous legal history regarding same-sex marriage. In 2004, Oklahoma voters approved an amendment to the state constitution defining marriage as the union between one man and one woman. This amendment, known as State Question 711, was challenged in federal court, leading to a series of legal battles over the years.
In 2014, a federal district court in Oklahoma struck down the state’s ban on same-sex marriage as unconstitutional. However, the ruling was stayed pending appeal. Then, in October 2014, the U.S. Supreme Court declined to hear an appeal of the decision, effectively allowing the district court’s ruling to stand. This decision paved the way for same-sex marriages to begin in Oklahoma later that month.
Ultimately, the Obergefell v. Hodges decision in 2015 provided a definitive resolution to the issue of same-sex marriage legality across all states, including Oklahoma. As a result, same-sex couples in Oklahoma gained the legal right to marry and access the same marriage benefits and protections as opposite-sex couples. Consult with an experienced Tulsa same-sex family law attorney to understand how these right affect you.
Marriage Laws for Same-Sex Couples in Oklahoma
Same sex couples in Oklahoma have the legal right to marry. This includes all the rights and responsibilities associated with marriage under state law, such as property rights, inheritance rights, and the right to make medical decisions for one another. Oklahoma recognizes legal marriages performed in other states, including same-sex marriages. This recognition extends to rights and benefits associated with marriage, such as spousal health insurance coverage and the ability to file joint state tax returns.
It also extends tax and other liabilities to same sex spouses. Same sex couples are liable for all debts incurred during marriage by either partner including all loans, credit card debt, legal judgments, and tax debts. This also means that both spouses in a same sex marriage share in the marital property acquired during the marriage.
Same-sex couples in Oklahoma have the right to jointly adopt children. Additionally, if one partner in a same-sex couple gives birth to a child through assisted reproductive technology, both partners can be listed as parents on the birth certificate, ensuring legal parental rights for both parents.
Divorce and Legal Separation for Same Sex Couples in Oklahoma
Same-sex couples in Oklahoma go through divorce and legal separation proceedings in much the same way as heterosexual couples. Once you are legally married, you must be legally divorced to end the marriage or legally separated to end your legal and financial obligations arising from the marriage.
Divorce and legal separation proceedings are begun by filing a petition in the appropriate family law court. Oklahoma allows both “no-fault”(irreconcilable differences) and “fault” (adultery, etc) grounds for divorce. Marital property and marital debts must be divided between the spouses during the proceedings. Oklahoma follows the principle of equitable distribution when dividing marital property during divorce. Marital assets and debts are divided fairly, but not necessarily equally, taking into account factors such as each spouse’s financial contributions, earning capacity, and duration of the marriage. Same-sex spouses may receive spousal support from their former partner if they can demonstrate financial need and other relevant factors.
Same-sex couples with children go through the same processes as opposite-sex couples when determining child custody and support arrangements. Courts prioritize the best interests of the child when making custody decisions, and child support is calculated based on the income of both parents. Both parents are legally obligated to support their children.
Divorce and legal separation decrees obtained by same-sex couples in Oklahoma are legally recognized and enforceable, just like those obtained by opposite-sex couples.
Estate Planning and Inheritance
The right for one spouse to inherit from another is one of the rights tied into marriage equality for same sex couples. Marriage confers that right. For same sex couples who are not married, it is crucial to have estate planning documents in place. Without a legal marriage, same-sex partners may not automatically inherit from each other without a will. Same sex couples who are legally married can create wills and trusts to distribute their assets upon death.
Same-sex spouses can also name each other as beneficiaries on life insurance policies, retirement accounts, and other financial assets. They can also designate each other as beneficiaries on bank accounts, real estate deeds, and other assets. They can grant each other power of attorney to make financial and healthcare decisions on their behalf in the event of incapacity. They can also execute health care directives. This ensures that partners have the legal authority to act on each other’s behalf in emergencies.
Legal Challenges and Advocacy
Same-sex couples may face various legal challenges, despite advancements in LGBTQ+ rights and recognition. Discrimination exists in every state, including Oklahoma. Same sex couples remain vulnerable to discrimination on a number of fronts.
Same-sex couples may encounter difficulties in establishing legal parentage and custody rights, especially if they have children through assisted reproductive technology or adoption. Without proper legal documentation, same-sex partners may face challenges in making healthcare decisions for each other in the event of incapacity. This includes issues related to medical treatment, hospital visitation rights, and end-of-life care. It is important for couples to keep their estate planning documents up to date.
Other areas of discrimination include housing and employment discrimination, access benefits such as healthcare and survivor benefits. It is important that same sex couples continue to advocate for themselves and to employ the tools needed for protecting their rights and their loved ones.
Initial Consultation With an Experienced Attorney
Consulting with an experienced attorney who is knowledgeable about LGBTQ+ issues can help same-sex couples work through the complexities of the issues they face in Oklahoma. For a confidential consultation, individuals can reach out to experienced Tulsa divorce attorneys at 918-924-5526.