Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Oklahoma face legal challenges not experienced by non-LGBTQ residents.
Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws.
[citation needed] Upon its creation in 1890, the Oklahoma Territory received Nebraska's criminal code and common law punishing sodomy ("crime against nature"), whether heterosexual or homosexual, with up to a year of imprisonment.
Likewise, in the 1935 case of Roberts v. State, the Oklahoma Court of Criminal Appeals held that cunnilingus was a violation of the law.
In this case, a married couple were convicted of forcing an Oklahoma City woman to engage in oral sex with each of them.
In Post v. State (1986), the court ruled that the sodomy law could not be applied to private, consensual adult heterosexual activity.
[2] In 1997, the Oklahoma Legislature revised parts of the sodomy statute, reducing the penalty to 2 years' imprisonment, a fine of 1,000 U.S. dollars or both.
[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.
In August 2023, Stitt signed into law an executive order "explicitly defin[ing] male and female as biological sexes assigned at birth".
[27] This applies for all state and legal purposes, including using bathrooms and changing rooms in state-owned facilities, playing sports, living in domestic violence shelters, receiving assistance from rape crisis centers, incarceration, and the collection of statistics.
[28][29][30] Previously, the Office of Vital Records altered the marker on the birth certificate of a transgender person upon receipt of a court order.
Transgender Oklahomans could also change the gender marker on a driver's license by submitting to the Department of Public Safety a notarized statement from a physician confirming that they had undergone "permanent and irreversible" transition.
[31][32] In November 2021, Governor Stitt signed an executive order which blocked the Oklahoma State Department of Health from issuing any change to the gender marker on a birth certificate.
[38][39] In April 2023, a bill passed the Oklahoma Legislature that explicitly legally bans any gender-affirming healthcare practices on minors.
Governor Stitt signed the bill into law in May 2023, making Oklahoma the 16th state to restrict such care for minors.
[55][56] Following the U.S. Supreme Court decision in United States v. Windsor in June 2013 invalidating Section 3 of the Defense of Marriage Act,[57] 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.
[60] 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.
[61] A 2022 Public Religion Research Institute (PRRI) poll found that 54% of Oklahomans supported same-sex marriage, while 44% were opposed.