Text of OK HB 1599 (2015)
Marriage; creating the Preservation of Sovereignty and Marriage Act; emergency.
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
3,574 characters
Req. No. 6587
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 55th Legislature (2015)
HOUSE BILL 1599
By: Kern
AS INTRODUCED
An Act relating to marriage; creating the
Preservation of Sovereignty and Marriage Act;
prohibiting public funds for any activity licensing
or supporting same-sex marriage; prohibiting public
employees from recognizing same-sex marriage
licenses; prohibiting spending public funds to
enforce certain court orders; directing state courts
to dismiss challenges to the act; providing for
payment of costs and attorney fees; prohibiting
interference with implementation of the act;
requiring removal of office for any judge violating
the act; stating effectiveness of act against federal
court rulings; providing for severability; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 of Title 43, unless there is
created a duplication in numbering, reads as follows:
A. This section shall be known and may be cited as the
"Preservation of Sovereignty and Marriage Act".
B. No taxpayer funds or governmental salaries shall be paid for
any activity that includes the licensing or support of same-sex
marriage. No employee of this state and no employee of any local
Req. No. 6587
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
governmental entity shall officially recognize, grant or enforce a
same-sex marriage license and continue to receive a salary, pension
or other employee benefit at the expense of taxpayers of this state.
No taxes or public funds of this state shall be spent enforcing any
court order requiring the issuance or recognition of a same-sex
marriage license.
C. The courts of this state shall dismiss any challenge to any
portion of the Preservation of Sovereignty and Marriage Act, with an
award of costs and attorney fees to defendants. No employee of this
state and no employee of any local governmental entity shall violate
or interfere with the implementation of this act and continue to
receive a salary, pension or other employee benefit at the expense
of taxpayers of this state.
D. If a judge violates this act, the judge shall be removed
from office pursuant to Section 1 of Article VIIA of the Oklahoma
Constitution.
E. The Preservation of Sovereignty and Marriage Act shall be
fully effective, based on the Eleventh Amendment to the Constitution
of the United States and the structure of the United States
Constitution, against any contrary federal court ruling.
F. Each provision in the Preservation of Sovereignty and
Marriage Act is severable from the remainder of the act, such that
the lack of enforceability of any provision shall not affect the
enforceability of other provisions.
Req. No. 6587
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. It being immediately necessary for the preservation
of the public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
55-1-6587
EK
01/22/15