A state lawmaker wants to do away with marriage licenses so court clerks wouldn’t have to issue them to same-sex couples.
Rep. Todd Russ’ bill would replace state-issued licenses with certificates filled out by a religious leader or an affidavit of common law marriage. Russ said House Bill 1125 does three things.
"It gets the government out of the marriage business, it tells the federal government that we don't need them trampling over our independent, state-sovereign rights, and it gives this more of a conscience-type release," Russ said.
Oklahomans for Equality Director Toby Jenkins said court clerks have taken an oath of office to serve everyone.
"If you can't serve all the citizens, and if you feel such a need to make a statement doing the duties of your job, then you need to resign and let a reasonable, responsible person run for your position," Jenkins said.
Russ said although he doesn’t condone same-sex marriage, the bill itself doesn’t stop them. Its passage would mean all Oklahomans could no longer be married by judges or court clerks.
Russ said marriage originated as a religious covenant that the state got involved in by issuing licenses "and therefore looks as though the state sanctions the marriage process, whether it be same-sex marriage or traditional."
Jenkins disagrees with that assessment.
"There's more contract part about it than religious practice about it," he said.
