Wednesday, March 16, 2005

The End of Common-Law Marriage in Oklahoma?

Oklahoma is one of a fifteen-member minority of states that still recognizes common-law marriages. Yesterday, however, the House passed a bill that would cease the recognition of common-law marriage in Oklahoma. If House Bill 1455 is enacted, common-law marriages, not previously recognized by a court of competent jurisdiction, will no longer be recognized as valid after November 1, 2005. Representative Lee Denny of Cushing is the author of the bill. Denny said common-law marriage was a law from the cowboy days and had outlived its usefulness. Denny said the new law was designed to strengthen marriage in Oklahoma by encouraging traditional marriage.

7 Comments:

At 12:24 AM, Anonymous Anonymous said...

Lee Denny is not concerned about common-law marriage, he is only worried about the future of gay marriage. Anyone can read between the lines Mr. Denny, you are not fooling anyone, but are setting up a future way to stop or stall some-thing you may have an unnecessary fear of. What happend to live and let live you hippocrites in the Bible belt are always preaching?

 
At 10:00 AM, Blogger Dorkamo said...

Question: Wasn't Common Law marriage enacted in order to force marriage of cohabitants? Getting rid of it is by definition "live and let live."

Question: Doesn't common law marriage strengthen the state's committment to stable family life? If this is true then Mr. Denny is jeopordizing traditional marriage.

 
At 12:21 PM, Blogger OKBlawg said...

I would refer you both to
Ariela R. Dubler, WIFELY BEHAVIOR: A LEGAL HISTORY OF ACTING MARRIED
100 Columbia Law Review 957


Dubler cites New York Chancellor Kent's opinion in the 1809 case of Fenton v. Reed, 4 Johns. 52 (N.Y. Sup. Ct. 1809) (per curiam) as the earliest case in the U.S. dealing with the doctrine of common law marriage. According to Dubler, throughout the 19th century, the "vast majority of cases in which courts across jurisdictions pondered the validity and desirability of common law marriage shared a common sociological backdrop: female economic dependency." 100 Columbia Law Review 957 at 968.

See also, Otto E. Koegel, Common Law Marriage and Its Development in the United States (1922) and "http://www.originalintent.org/edu/docs/Common%20Law%20Marriage%20page.pdf"

 
At 11:45 AM, Blogger Arti73662 said...

If someone, say a male has a sex change to become a female. Now thay live in the state of Oklahoma and since common law marriage is no longer legal. Could a person that has had a sex change, get married within OK ?

Mary in Sayre...

 
At 1:55 PM, Anonymous confused said...

how does this effect those that have been cohabitating for 3 years prior to this new law will this count towards social security benefits or disqualify us also what about previous mariages that would have qualified for Social security spousal benefits are they now disqualified?

 
At 12:20 PM, Anonymous the3rdkushgirl said...

It is MRS LEE DENNY! She is not preachy and as for fooling anyone...reading between the lines can sometimes be a very ignorant practice, literally. Angie

 
At 4:38 AM, Blogger Diara Dominy said...

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