Gay couple circumvents same-sex marriage ban in Oklahoma

Although Oklahoma voters banned same-sex marriage in 2004, one couple recently got approved by the Cheyenne and Arapaho Tribes.

Storified by AJAMStream· Tue, Oct 22 2013 14:18:28

#Gay Couple Legally Marries In #Oklahoma Despite Same-Sex Marriage Ban bit.ly/Hd0P3Q http://twitter.com/instinctmag/status/392681754672128003/photo/1Instinct Magazine

Although some reports said that Pickel and Black Bear are the first Oklahoma gay couple to be publicly married, Rosemary Stephens, editor-in-chief of the tribe's newspaper, told Tulsa World that this is the second same-sex marriage allowed by the tribe:

"They are actually the second couple," Stephens said. "That's been a couple of years ago."tulsaworld.com

Reactions online to the news were generally positive.



What a big day for oklahoma! First gay marriage under tribal courts! So #proud.Cody Lusby

That's awesome! Things are finally changing for the better! I am a Christian and also gay, I refuse to let hateful Christians get in the way of my relationship with GodDanny Mason

Nice. I'd like to see the tribal governments offer this for everyone.Brandon Fesler

The Tribes' Bill of Rights does not define marriage, but says it cannot make or enforce any law which "discriminates against any Person based on age, gender, religion, disability, familial status, sexual orientation, or social or economic status."

In 2004 , more than 1 million Oklahomans voted for a new amendment to the state's constitution to define marriage as only "the union of one man and one woman." That section is now part of the Oklahoma Bill of Rights.

§ 35. "Marriage" Defined - Construction of law and Constitution - Recognition of out-of-state marriages - Penalty A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. B. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage. C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.oscn.net

It is still unclear whether Oklahoma will recognize Pickel and Black Bear's marriage. Pickel shared his thoughts on the matter with local television station KOCO:

“I do know at the end of the day the state offices won't recognize it, but they kind of have to,” said Pickel.koco.com