| 词条 | LGBT rights in Oklahoma | ||||||||||||||||||||||||
| 释义 |
| location_header = Oklahoma | image = Map of USA OK.svg | caption = Oklahoma (USA) | legal_status = Legal statewide since 2003 (Lawrence v. Texas) | gender_identity_expression = State alters sex on birth certificates for transgender people | recognition_of_relationships = Marriage since 2014 | recognition_of_relationships_restrictions = | adoption = Legal since 2014 | discrimination_protections = None statewide }}Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oklahoma enjoy most of the rights available to non-LGBT residents. Same-sex sexual activity is legal in Oklahoma and both same-sex marriage and adoption by same-sex couples have been legal since October 2014. The state does not prohibit discrimination based on sexual orientation or gender identity, leaving an estimated 62,000 LGBT workers in Oklahoma vulnerable to employment discrimination.[1] Law regarding same-sex sexual activitySame-sex sexual activity has been legal in Oklahoma since 2003, when the United States Supreme Court struck down all state sodomy laws with its ruling in Lawrence v. Texas.[2][3] Recognition of same-sex relationshipsMarriage{{Main|Same-sex marriage in Oklahoma}}In April 2004, the Oklahoma Senate, by a vote of 38 to 7, and the Oklahoma House of Representatives, by a vote of 92 to 4, approved a constitutional ban on same-sex marriage. On November 2, 2004, Oklahoma voters approved Oklahoma Question 711, a constitutional amendment which bans same-sex marriage and any "legal incidents thereof be conferred upon unmarried couples or groups".[4][5][6] On January 14, 2014, Judge Terence C. Kern, of the United States District Court for the Northern District of Oklahoma, declared Question 711 unconstitutional. The case, Bishop v. United States (formerly Bishop v. Oklahoma), was stayed pending appeal.[7] A 3-judge panel of the Tenth Circuit heard oral arguments in Bishop on April 17, 2014, and upheld the district court's decision on July 18.[8] On October 6, 2014, the United States Supreme Court turned down Oklahoma's appeal which reinstates the district court's ruling that the state's ban on same-sex marriage is unconstitutional. Following the court's rejection of the appeal, the Oklahoma County Court Clerk's Office and others across the state started issuing marriage licenses to same-sex couples.[9] Adoption and parentingOklahoma permits adoption by a couple or an unmarried adult without regard to sexual orientation.[10] In August 2007, the Tenth Circuit Court of Appeals in the case of Finstuen v. Crutcher ordered Oklahoma to issue a revised birth certificate showing both adoptive parents to a child born in Oklahoma who had been adopted by a same-sex couple married elsewhere.[11] Oklahoma law allows adoption agencies to choose not to place children in certain homes if it "would violate the agency’s written religious or moral convictions or policies."[12] Discrimination protections{{Further|LGBT employment discrimination in the United States}}Oklahoma law does not address discrimination based on gender identity or sexual orientation.[13] The city of Norman has a nondiscrimination policy that prohibits discrimination in employment, housing and public accommodations on the basis of sexual orientation and gender identity,[14][15] while the cities of Edmond,[16] Oklahoma City and Tulsa have nondiscrimination policies that prohibit discrimination in public employment for sexual orientation only.[17][18] Hate crime lawState law does not address hate crimes based on gender identity or sexual orientation.[19] However, since the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in October 2009, the U.S. federal hate crime law has included crimes motivated by a victim's actual or perceived sexual orientation or gender identity. Gender identity and expressionThe state will alter the legal gender of transgender people upon receipt of a court order.[20] Sex reassignment surgery is not required. In 2018, a local school in Achille had to shut down for a few days due to safety concerns after a 12-year-old transgender student received death threats and threats of mutilation, whipping and castration by her classmate's parent.[21] National GuardProposed legislation to institute in the Oklahoma National Guard a local version of "Don't ask, don't tell" (DADT), the federal policy that formerly prohibited gays and lesbians from serving openly in the U.S. military, was proposed in January 2012 and withdrawn in February.[22][23] Following the U.S. Supreme Court decision in United States V. Windsor in June 2013 invalidating Section 3 of the Defense of Marriage Act,[24] the U.S. Department of Defense issued directives requiring state units of the National Guard to enroll the same-sex spouses of guard members in federal benefit programs. Guard officials in Oklahoma enrolled some same-sex couples until September 5, 2013, when Governor Fallin ordered an end to the practice.[25] Defense Secretary Chuck Hagel on October 31 said he would insist on compliance.[26] On November 6, Fallin announced that members of the Oklahoma National Guard could apply for benefits for same-sex partners at federally owned ONG facilities, where most staffers are federal employees, and at federal military installations.[27] When DoD officials objected to that plan, Fallin ordered that all married couples, opposite-sex or same-sex, would be required to have benefits requests processed at those facilities.[28] Public opinionRecent polls have found that support for same-sex marriage and LGBT rights is increasing and opposition is decreasing. A 2017 Public Religion Research Institute (PRRI) poll found that 53% of Oklahomans supported same-sex marriage, while 36% were opposed. 11% were undecided. Additionally, 64% supported an anti-discrimination law covering sexual orientation and gender identity. 25% were against. The PRRI also found that 51% were against allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 39% supported such religiously-based refusals.[29] Summary table
See also
References1. ^{{cite web|last1=Rodriguez|first1=Laura|last2=Gatlin|first2=Donald|title=Approximately 62,000 LGBT Workers in Oklahoma Lack Statewide Protections against Ongoing Employment Discrimination|url=http://williamsinstitute.law.ucla.edu/press/press-releases/oklahoma-nd-2015/|website=The Williams Institute, UCLA School of Law|accessdate=January 24, 2017}} 2. ^{{cite web |url=http://www.hrc.org/laws-and-legislation/entry/oklahoma-sodomy-law |title=Oklahoma Sodomy Law |publisher=Human Rights Campaign |date=June 26, 2003 |accessdate=November 2, 2013}} 3. ^Legal Citation 539 U.S. 558 (2003) https://supreme.justia.com/cases/federal/us/539/558/ Retrieved July 18, 2017. 4. ^{{cite web|url=http://www.hrc.org/laws-and-legislation/entry/oklahoma-marriage-relationship-recognition-law |title=Oklahoma Marriage/Relationship Recognition Law |publisher=Hrc.org |date=March 16, 2007 |accessdate=November 2, 2013}} 5. ^CNN: Ballot Measures, accessed May 15, 2011 6. ^{{cite web|url=http://www.csmonitor.com/USA/Justice/2014/0114/US-judge-strikes-down-Oklahoma-gay-marriage-ban-as-arbitrary-irrational-video |title=US judge strikes down Oklahoma gay marriage ban as 'arbitrary, irrational' (+video) |publisher=Csmonitor.com |date=2014-01-14 |accessdate=2014-06-29}} 7. ^Federal lawsuit renewed against Oklahoma's constitutional ban of same-sex marriage Accessed 11 December 2010 8. ^{{cite news|last=Associated Press|first=|title=Oklahoma same-sex marriages ruled constitutional for second time|url=https://www.theguardian.com/world/2014/jul/18/oklahoma-same-sex-marriage-constitutional|accessdate=July 19, 2014|newspaper=The Guardian|date=August 8, 2014}} 9. ^{{cite web | url=http://www.news9.com/story/26718721/same-sex-marriages-legal-underway-in-oklahoma | title=Same-Sex Marriages Legal, Underway In Oklahoma | publisher=News9.com | date=October 6, 2014 | accessdate=October 6, 2014 | author=Lowry, Lacie}} 10. ^Human Rights Campaign: Oklahoma Adoption Law {{webarchive|url=https://web.archive.org/web/20120725005635/http://www.hrc.org/laws-and-legislation/entry/oklahoma-adoption-law |date=July 25, 2012 }}, accessed May 15, 2011 11. ^Finstuen v. Crutcher (10th Cir. 2007), accessed July 11, 2011 12. ^{{cite web|url=https://www.nytimes.com/2018/05/12/us/oklahoma-gay-adoption-bill.html|title=Oklahoma Passes Adoption Law That L.G.B.T. Groups Call Discriminatory|work=The New York Times|date=May 12, 2018|last=Fortin|first=Jacey}} 13. ^Human Rights Campaign: Oklahoma Non-Discrimination Law {{webarchive|url=https://web.archive.org/web/20120725005651/http://www.hrc.org/laws-and-legislation/entry/oklahoma-non-discrimination-law1 |date=July 25, 2012 }}, accessed May 15, 2011 14. ^[https://newsok.com/article/5468401/norman-city-council-affirms-lgbt-rights Norman City Council affirms LGBT rights] 15. ^{{cite web | title=Municipal Equality Index | url=http://www.hrc.org/files/assets/resources/MEI_2013_report.pdf | publisher=Human Rights Campaign | date= | accessdate= November 21, 2013 }} 16. ^[https://www.hrc.org/resources/mei-2017-see-your-citys-score MEI 2017: See Your City’s Score] 17. ^{{cite news|url=http://www.newson6.com/Global/story.asp?S=12665091|title=Tulsa City Council Approves Sexual Orientation Policy; Rejects Immigration Ordinance|first=Emory|last=Bryan|publisher=News on 6|date=June 18, 2010|accessdate=May 25, 2013}} 18. ^{{cite news|url=http://newsok.com/oklahoma-city-council-passes-sexual-orientation-measure/article/3623597|title=Oklahoma City Council passes sexual orientation measure|first=Michael|last=Kimball|publisher=The Oklahoman|date=November 16, 2011|accessdate=May 25, 2013}} 19. ^{{cite web| publisher=Human Rights Campaign | url=http://www.hrc.org/laws-and-legislation/entry/oklahoma-hate-crimes-law | title=Oklahoma Hate Crimes Law | accessdate= May 15, 2011}} 20. ^[https://transequality.org/documents/state/oklahoma Oklahoma], National Center for Transgender Equality 21. ^{{cite web|url=https://www.nytimes.com/2018/08/15/us/transgender-oklahoma-school-bullying.html |title=Transgender Girl, 12, Is Violently Threatened After Facebook Post by Classmate’s Parent|publisher=The New York Times|date=August 15, 2018}} 22. ^{{cite news | work=Military.com | url=http://www.military.com/news/article/bill-would-reintroduce-dadt-to-oklahoma-guard.html | title= Bill Would Reintroduce DADT to Oklahoma Guard | date=January 10, 2012 | accessdate=February 22, 2012}} 23. ^{{cite news | work=Military.com | url=http://www.military.com/news/article/dadt-bill-apparently-shelved-in-oklahoma-house.html | title=DADT Bill Apparently Shelved in Oklahoma House | date=February 21, 2012 |accessdate=February 22, 2012}} 24. ^legal citation as 570 U.S.___ (2013) 25. ^{{cite news|title=Oklahoma Gov. Mary Fallin tells National Guard to deny same-sex benefits |url=http://www.nydailynews.com/news/politics/oklahoma-gov-mary-fallin-tells-national-guard-deny-same-sex-benefits-article-1.1459677|accessdate=December 3, 2013|newspaper=New York Daily News|date=September 18, 2013}} 26. ^{{cite news|last=Johnson|first=Chris|title=Hagel to direct nat'l guards to offer same-sex benefits|url=http://www.washingtonblade.com/2013/10/31/pentagon-direct-natl-guards-offer-sex-benefits/|accessdate=December 3, 2013|newspaper=Washington Blade|date=October 31, 2013}} 27. ^{{cite news|last=Allen|first=Silas |title=Oklahoma National Guard will process same-sex spouse benefits at a few federal facilities|url=http://newsok.com/oklahoma-national-guard-will-process-same-sex-spouse-benefits-at-a-few-federal-facilities/article/3901831|accessdate=December 3, 2013 |newspaper=NewsOK|date=November 7, 2013}} 28. ^{{cite news|last=Mills|first=Russell |title=Fallin: OK will no longer process benefits for National Guard couples|url=http://www.krmg.com/news/news/local/fallin-ok-will-no-longer-process-benefits-national/nbydX/|accessdate=February 14, 2014|newspaper=KRMG|date=November 20, 2013}} 29. ^PRRI: American Values Atlas 2017 External links
4 : LGBT in Oklahoma|LGBT rights in the United States by state|Oklahoma law|Politics of Oklahoma |
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