Common law marriage is a legal concept that recognizes a couple as married even if they haven’t gone through a formal ceremony or obtained a marriage license. This type of union was once prevalent, especially in Oklahoma, where it was recognized until recently. However, in 2016, the state passed a bill eliminating it. In this article, we’ll examine why Oklahoma stopped recognizing common law marriage and its implications.
History of Common Law Marriage in Oklahoma
Common law marriage has been around for centuries, and it’s still recognized in some states in the US.
- In Oklahoma, the practice dates back to the early 1900s when it was referred to as “marriage by habit and repute.” At the time, it was easier for people in rural areas to cohabitate and establish a common law marriage than to travel to the nearest county seat to obtain a marriage license.
- However, over time, the state’s attitude towards common law marriage changed. In the mid-1970s, the Oklahoma Supreme Court ruled that a couple must meet specific requirements to be considered married under common law. These included living together, presenting themselves as a married couple, and having the intent to be married. If a couple met these conditions, they would be recognized as legally married under common law.
Why Did Oklahoma Stop Recognizing Common Law Marriage?
- The shift away from recognizing common law marriage began in earnest in 1998 when Oklahoma passed a law banning same-sex marriage. This law also reinforced the state’s definition of marriage, which required a license and ceremony.
- The ban on same-sex marriage remained in place until the US Supreme Court overturned it in 2015 with the landmark case Obergefell v. Hodges.
- After the Obergefell decision, many states were forced to redefine their marriage laws to include same-sex couples. However, Oklahoma went further and passed a bill in 2016 that eliminated common law marriage altogether. The bill, known as Senate Bill 1104, was sponsored by Senator Rob Standridge and supported by conservative groups.
The rationale behind the bill was twofold. First, supporters argued that common law marriage was outdated and needed to be eliminated to reflect modern marriage practices. Second, they claimed that eliminating common law marriage would protect vulnerable populations, such as the elderly or those with cognitive impairments, from being taken advantage of by unscrupulous partners.
Implications of Ending Common Law Marriage in Oklahoma
The end of common law marriage in Oklahoma has several implications for couples in the state.
- Firstly, it means that couples who were previously considered married under common law will no longer have that legal status. They will need to obtain a marriage license and have a formal ceremony if they want to be recognized as legally married.
- Secondly, ending common law marriage also means that unmarried couples will no longer enjoy the same legal protections as married couples. For example, common law spouses had the right to inherit from each other and make medical decisions on behalf of their partner. Without this legal recognition, unmarried couples may face obstacles when trying to assert their rights in these areas.
- Thirdly, the elimination of common law marriage could have unintended consequences for individuals in non-traditional arrangements, such as polyamorous relationships. These individuals may find it difficult to obtain legal recognition for their relationships, which could lead to further marginalization and discrimination.
Conclusion
In conclusion, the end of common law marriage in Oklahoma represents a significant shift in the state’s legal landscape. While supporters argue that it reflects modern marriage practices and protects vulnerable populations, others worry about the implications for unmarried couples and those in non-traditional arrangements. As with any legal change, it remains to be seen how the elimination of common law marriage will play out in practice.
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