Text of OK HB 2215 (2015)
Marriage; requiring marriage applicant to report if they have undergone sex reassignment surgery; effective date.
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As introduced
4,700 characters
Req. No. 5213
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STATE OF OKLAHOMA
1st Session of the 55th Legislature (2015)
HOUSE BILL 2215
By: Ritze
AS INTRODUCED
An Act relating to marriage; amending 43 O.S. 2011,
Section 5, as amended by Section 1, Chapter 192,
O.S.L. 2013 (43 O.S. Supp. 2014, Section 5), which
relates to marriage licenses; requiring marriage
applicant to report if they have undergone sex
reassignment surgery; directing marriage license to
show which party has undergone the surgery; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2011, Section 5, as
amended by Section 1, Chapter 192, O.S.L. 2013 (43 O.S. Supp. 2014,
Section 5), is amended to read as follows:
Section 5. A. Persons desiring to be married in this state
shall submit an application in writing signed and sworn to in person
before the clerk of the district court by both of the parties
setting forth:
1. The place of residence of each party;
2. The full legal name and the age of each party as they appear
upon or are calculable from a certified copy of the birth
certificate, the current driver license or identification card, the
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current passport or visa, or any other certificate, license or
document issued by or existing pursuant to the laws of any nation or
of any state, or political subdivision thereof, accepted as proof of
identity and age;
3. For each party, the full name by which the party will be
known after the marriage, which shall become the full legal name of
the party upon the filing of the marriage license and certificate
with the court, as required by law; provided, however, a marriage
certificate issued prior to June 8, 2006, shall be reissued upon
request by the certificate holder to include the information
required by this paragraph. Such reissued certificate shall reflect
the original marriage date and shall be signed by the court clerk.
Signatures of the officiant and original witnesses shall not be
required;
4. That the parties are not disqualified from or incapable of
entering into the marriage relation; and
5. Whether either party has undergone a sex reassignment or
gender reassignment surgery; and
6. Whether the parties have successfully completed a premarital
counseling program.
B. 1. Upon application pursuant to this section and the
payment of fees as provided in Section 31 of Title 28 of the
Oklahoma Statutes, if the clerk of the district court is satisfied
of the truth and sufficiency of the application and that there is no
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legal impediment to such marriage, the court clerk shall issue the
marriage license authorizing the marriage and a marriage
certificate, which shall be incorporated as one document. If either
party reports on the application that they have undergone a sex
reassignment or gender reassignment surgery, the marriage license
issued by the court clerk shall state which party has undergone the
surgery. As required by law, the marriage certificate shall be
completed immediately following the marriage, and the marriage
license and certificate shall be returned to the court clerk.
2. Parties to be married and who present a certificate to the
clerk of the district court that states the parties have completed
the premarital counseling program pursuant to Section 5.1 of this
title shall be entitled to pay a reduced fee for a marriage license
in an amount provided in Section 31 of Title 28 of the Oklahoma
Statutes.
C. In the event that one or both of the parties are under legal
age, the application shall have been on file in the court clerk's
office for a period of not less than seventy-two (72) hours prior to
issuance of the marriage license.
D. The marriage license shall be valid in any county within the
state.
E. The provisions hereof are mandatory and not directory except
under the circumstances set out in the provisions of Section 3 of
this title.
Req. No. 5213
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SECTION 2. This act shall become effective November 1, 2015.
55-1-5213
EK
12/09/14