Oklahoma County Refuses Marriage Licenses to Same-Sex Couples

February 12, 2009

By James Miko

On Thursday, February 12, 2009, two LGBT couples were refused marriage licenses at the Oklahoma County Court Clerk’s Office during local involvement in the National Freedom to Marry Day.

Doors to the Oklahoma County Marriage Office are closed to LGBTs

National Freedom to Marry Day is an annual event promoting same-sex marriage in America where couples gather at government offices and request a license to marry in defiance of prevailing laws. During one such event in 2004, San Francisco Mayor Gavin Newsom made international headlines by ignoring California state law, which only allowed civil unions, and directing the city clerk to accept same-sex applications. Newsom officiated at the very first gay marriage in California, during the nuptials of two elderly lesbians, who had been partnered for half a century. 

Newsom’s actions were later upheld by the California Supreme Court after Liberty Counsel lead attorney and Floridian Mat Staver filed a lawsuit on behalf of California residents opposed to same-sex marriage.

  
Pictured is Mat Staver entering the California Supreme Court where he lost his challenge to gay marriage
and in another photo with associate Oklahoma State Rep. Sally Kern.  The passage of Proposition 8
 in November 2008 changed the California Constitution to override the court’s decision.

The Equality Project, a recently organized Oklahoma City-based LGBT civil rights activist group, hosted the event that saw two gays and two lesbians denied the right to marry, even though they are all of appropriate age, residents of Oklahoma, and taxpayers. They were denied privileges afforded to most American citizens, simply because of their sexual orientation. Had the pairs swapped partners and presented themselves as male/female couples they would’ve been issued licenses to marry.

After entering the marriage license division of the courthouse activists discovered the staff had gone into hiding, likely because of the large group coming in and the presence of news cameras. Eventually, administrative staffer Joe Wood appeared and sent the group to another office where Oklahoma County Court Clerk Patricia Presley had agreed to meet with them. Rather than the marriage/passport office the group was sent down the hall to the divorce and cashier’s office, which is much larger than the marriage division.

Metro activists gather at the Oklahoma County Courthouse

According to a prepared statement given to Gossip Boy, Benjamin Williamson, who attended the early part of the action, “The National Center for Health Statistics say in the last decade Oklahoma ranked in the top three for most divorces, while, also, ranking high in low incomes, Christian fundamentalism, drug abuse, prescription painkiller abuse, alcoholism, domestic violence, and teenage pregnancy. Those are real threats to marriage and the real reason people divorce so much in this state. Gays are not a danger to marriage; social problems rising from poverty and oppression are. ” 

“The National Center for Policy Analysis claims high divorce rates in such states like Oklahoma may be influenced because such are dominated by fundamentalist Protestant denominations that proclaim the sanctity of marriage, but generally do not want to estrange churchgoers who do divorce.”

Williamson added, “Typically, fundamentalist churches use the “sanctity of marriage” argument to fight gay marriage, however, Northeastern states like Connecticut and Massachusetts who allow gay marriage or civil unions, tend to have higher success rates with heterosexual marriage.  Also, while more liberally defined states seek to address societal ills like child abuse and hunger, fundamentalist areas tend to ignore finding real solutions to family issues and look for a “devil” or “boogeyman” to blame for their self-made problems. In modern times, that boogeyman tends to be a gay one.  So instead of dealing with their real problems, they very lazily invent a bad guy to blame for what they are doing. It’s pure fundamentalism. Blame the devil, so you don’t have to solve your real problems.”

“The Christians in Oklahoma get to go home and beat their wives, do their meth or Vicodan, and rape their daughters after sending junior to bed hungry. Whatever guilt they feel for that, well they’re too indoctrinated to understand they’re responsible so turn their feelings outward and target gays. Just like their preachers tell them to do. It’s not the threat of gay marriage destroying their marriage, because they already have such destruction down to an art,” Williamson concluded.  

After the group gathered in the spacious divorce section of the courthouse, Court Clerk Patricia Presley listened to marriage equality participants and attempted to answer their questions, but with her hands tied by state law, she refused to issue licenses.

Equality Project member Brittany Novotny speaks to Oklahoma County Court Clerk Patricia Presley.

When asked what would happen today with the couples requesting a license, Presley stated, “Probably nothing. Not in the court clerk’s office or any place in the State of Oklahoma. One reason is because  same-sex couples can’t get married in Oklahoma. It’s the law.”

The couples did receive marriage license applications, which they filled out then took to the marriage office to try to obtain an official license, knowing they would be automatically denied. After reviewing one such application, court employee Joe Wood told lesbian couple Tina Barnett and Chelsea Gumerson, “Since it doesn’t say you’re a male and female I can’t issue the license. It’s illegal in Oklahoma. Sorry.”

Denied Marriage Equality By the State: Gay couple Trey Dill and Matthew Shepherd.

Denied Marriage Equality By the State:  Tina Barnett and Chelsea Gumerson, who are long-term lesbian partners.

At no time did courthouse staff appear unfriendly, unhelpful, or disrespectful to the activists, who themselves remained peaceful and courteous.

Some points learned during an interview with the court clerk, her staff, and in a review of marriage office literature:

• If you are of opposite sex and just met out in the hallway minutes before, you could enter the office and be issued a marriage license.

• If you are a child under the age of 16, you can get married with a court order. 


• There are no waiting periods for those over 18, blood tests, or residency requirements to be married in the state. 

Showing a preference for religious marriage, the county office will reduce your $50 marriage license fee to $5.00 if you provide proof you’ve gone through pre-marital counseling. Such proof is required to be on the official letterhead of a church.

A fact sheet is available at the marriage license division where office staff have methodically highlighted in marker the area that says, “The certificate must be an original on church letterhead and shall sate [sic] that the named persons have successfully completed the premarital counseling requirements.” State law provides that the counseling can be done by a licensed health professional, but the fact sheet stresses only verification of the counseling can be via that church letterhead and allows no other proof to be provided; though it does state a health professional can do the counseling.

On the Oklahoma County Court Clerk website, no requirement for the proof to be on a church letterhead is mentioned. There it states, “The reduced fee shall apply upon presentation to the court clerk of an original certificate of successful completion of a premarital counseling program. The certificate must be an original, document, not a copy, and shall state that the named persons have successfully completed the premarital counseling requirements.”     

The scan above does not show the highlighting done by county office workers. On the original “The certificate must be an original on church letterhead and shall sate [sic]” is done in yellow, while “that the named persons have successfully completed the premaritial counseling requirements.” Is done in pink.

Long-time gay activist Jim Nimmo raised issues as to why some religious institutions are given preference over others when it comes to state recognition of marriage.

He commented, “Some denominations in OKC that recognize same-gender marriage are the three UCC (United Church of Christ) congregations, as well as the Unitarian congregations. Mayflower Congregational, Church of the Open Arms, Cathedral of Hope, First Unitarian. Why should the UCC and Unitarian congregations suffer discrimination by having their doctrines ignored in favor of homo-hating bigots who are imposing their prejudice on the rest of society through the force of civil law?”

Nimmo continued, “The State of Oklahoma is recognizing one form of religious observance over other legally recognized religious viewpoints.”

After the indoor segment, participants, some visibly upset with one couple weeping, moved outside to rally in front of the courthouse for equality. Displaying signs and chanting the spirited group caught the attention of many driving by, who honked and waved to encourage the protesters.

Nora wants equal rights for her mother

Oklahoma City transgendered civil rights attorney Brittany M. Novotny roused the crowd, while leading them in chants and presenting a speech. Novotny said, “Why is marriage equality important? It’s important because it applies to the most basic function of human life – the right to form an officially recognized and protected family.”

“Lately, our great state has become known for homophobic rhetoric coming from community leaders such as Sally Kern, Brent Rinehart, and Bill Graves. As a result, companies have been getting cold feet about moving to Oklahoma City for fear of how their LGBT employees might be treated here. On the one hand, we’re trying to tell the world that Oklahoma City is a “big league city,” but on the other hand some conservative political leaders want to push us back to the dark ages. But as we stand here today – transgender, intersex, lesbian, gay, bisexual, straight – we can tell them, with one unified voice, we’re not going anywhere, and as human beings all of us deserve the right to marry the person we fall in love with regardless of gender.”     

She finished her oration saying, “We LGBT Oklahomans are your sisters and brothers! We are your aunts and uncles! We are your mothers and fathers! We are your cousins and friends! We are Oklahomans, and we want to be treated equally under the law.”

Showing up for the outdoor leg of the action were Rev. Scott Jones of the Cathedral of Hope in Oklahoma City and his partner Michael. Jones was asked to comment about yesterday’s event at the Oklahoma House of Representatives where twenty state representatives opposed the inclusion of his prayer into the House Journal. Jones, however, said he was refraining from commenting today as the United Church of Christ was planning a press conference at the State Capitol on Friday.

After serving as Chaplain of the Day and opening the legislature with a prayer that was preceded with a reference to his partner and fiancé Michael, Rep. John Wright challenged Rep. Al McAffrey’s attempt to place the prayer in the record, because of what many are claiming to be intolerance against a gay church and its leader. In what appears to be the first time in legislative history, many lawmakers made their opposition vocal with twenty of them wanting to prevent the event from being recorded in what could be an attempt to suppress and censor historical state events.

Since its inception during November 2008’s rally at City Hall in opposition to the passage of California’s Prop 8, the Equality Project, sponsor of today’s action, has become the only organized group focusing on direct LGBT activism in the Oklahoma City area.  A group once expected to lead or assist in such causes, the Cimarron Alliance Foundation, again had no presence in the latest struggle for equality.