Text of OK SB 1762 (2026)
Protection of fundamental rights; prohibiting certain acts of punishment, penalty, or legal sanction. Effective date.
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As introduced
8,185 characters
Req. No. 3128
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1762
By: Jett
AS INTRODUCED
An Act relating to the protection of fundamental
rights; creating the Oklahoma Protection of
Fundamental Rights and Public Policy Act; providing
short title; providing legislative findings;
prohibiting certain acts as punishment, penalty, or
legal sanction; prohibiting the infliction of
physical violence or psychological coercion in
certain circumstances; prohibiting female genital
mutilation; creating felony offense; providing for
penalties; extending the statute of limitations for
certain claims; prohibiting the recognition of
certain marriages; prohibiting the application of
certain rules in certain legal proceedings;
prohibiting the enforcement of arbitration agreements
and choice-of-law provisions in certain
circumstances; construing provisions; providing for
codification; and providing an effective date.
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 2111 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Protection of Fundamental Rights and Public Policy Act”.
B. The Legislature finds that:
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1. The Oklahoma Constitution and the Constitution of the United
States guarantee certain inalienable rights, including due process,
equal protection, freedom of speech, and bodily integrity;
2. Certain practices, whatever their source, directly
contradict these fundamental rights and the public policy of this
state; and
3. Oklahoma has a compelling interest in protecting all persons
within its jurisdiction from violence, coercion, and discrimination.
C. No person shall inflict or cause to be inflicted any of the
following acts upon another person as punishment, penalty, or
purported legal sanction:
1. Amputation of a limb or digit;
2. Stoning, flogging, whipping, or lashing;
3. Blinding or other deliberate destruction of an organ or
sense; or
4. Any other form of corporal mutilation or maiming.
D. Any contract, agreement, tribunal decision, or purported
judicial or quasi-judicial proceeding that imposes or authorizes any
act listed in subsection C of this section is contrary to the public
policy of this state and shall not be recognized or enforced by any
court or administrative agency.
E. It shall be unlawful to inflict or threaten physical
violence or psychological coercion upon any person for the purpose
of punishing perceived immorality, apostasy, blasphemy, or violation
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of religious or cultural dress or behavior codes. Aggravated
assault, kidnapping, false imprisonment, or any other felony
committed with the motive described in this subsection shall be
punished at the highest degree provided by law.
F. 1. Female genital mutilation, including but not limited to
the surgical removal of the clitoris, excision, infibulation, or any
partial or total removal of or injury to the external female
genitalia for non-medical reasons, is prohibited and declared
contrary to the public policy of this state.
2. Any person who performs female genital mutilation shall be
guilty of a felony, punishable by imprisonment in the custody of the
Department of Corrections for not less than one (1) year nor more
than five (5) years and a fine not to exceed Twenty Thousand Dollars
($20,000.00). Consent by a minor or parent shall not be a defense.
3. In addition to criminal penalties, any physician, physician
in training, nurse, midwife, or other medical professional who
performs or participates in female genital mutilation shall have his
or her professional license or certification permanently revoked.
G. Nothing in this act shall be construed to prohibit,
restrict, criminalize, or otherwise infringe upon the practice of
male circumcision when performed for religious, cultural, or medical
reasons, or with parental consent. Male circumcision is distinct
from and not considered equivalent to female genital mutilation
under this act or state law.
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H. 1. In civil actions for damages against a perpetrator for
sexual assault, abuse, or related harms inflicted upon a minor
including, but not limited to, sexual assault and harms arising from
transgender-related medical mutilation, sterilization procedures, or
interventions performed coercively or in violation of fundamental
rights, the statute of limitations shall be extended to allow filing
up to the victim’s forty-fifth birthday, consistent with and
building upon existing extensions under Section 95 of Title 12 of
the Oklahoma Statutes.
2. The extension described in paragraph 1 of this subsection
applies to minor victims of sexual assault and minor victims of
transgender mutilation to provide additional protections against
coercion or violation of bodily integrity.
I. 1. No marriage shall be contracted in this state, and no
marriage contracted outside this state shall be recognized, if any
party was under the age of eighteen (18) at the time of marriage.
2. No marriage shall be contracted or recognized if it was
entered into under force, fraud, or coercion, including coercion
based on family or community pressure.
3. Polygamous marriages or purported marriages shall not be
recognized for any purpose under Oklahoma law.
4. In all actions concerning marriage, divorce, spousal
maintenance, child custody, and inheritance, Oklahoma statutory and
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common law shall apply exclusively. No court or arbitrator shall
apply, enforce, or give effect to any rule or body of rules that:
a.
grants different inheritance rights based solely on
gender or religion,
b.
grants different testimonial weight or credibility
based solely on gender or religion, or
c.
denies or limits custody or visitation rights based
solely on a parent’s departure from or rejection of
any religious doctrine.
J. Any arbitration agreement or award shall be unenforceable to
the extent it requires the application of any rule or body of rules
that would violate subsections C through F of this section or any
other fundamental public policy of this state as expressed in the
Oklahoma Constitution or statutes. Any arbitration agreement or
award shall be unenforceable to the extent it requires the
application of any rule or body of rules that would violate
subsections C through F of this section or any other fundamental
public policy of this state as expressed in its Constitution or
statutes.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3128
BLB
1/14/2026 3:14:04 PM