OKLAHOMA CITY (AP) — An Oklahoma judge was correct when he dismissed a lawsuit that sought a divorce between two women who claimed they obtained a marriage license in Canada, a state appeals court has ruled.
A three-judge panel of the Oklahoma Court of Civil Appeals unanimously upheld a Tulsa County judge who dismissed the petition in 2008, ruling that the women did not produce evidence of their marriage and that Oklahoma courts do not have jurisdiction to grant divorces between members of the same sex.
"By this decision, we do not imply that an Oklahoma court would have jurisdiction where a valid foreign same-sex marriage is established," the 10-page ruling handed down on Thursday says. "That issue was not presented here and we therefore do not reach it."
A petition filed by Cait O'Darling had sought a divorce from Stephanie O'Darling. Testimony in the case indicated that the women were wed in Canada in 2003.
A judge at first granted the divorce but then set it aside and dismissed the petition after learning that the litigants were both women, according to the appellate court's decision.
The Oklahoma Supreme Court upheld that action and sent the case back to district court to allow Cait O'Darling a chance to explain why she was entitled to a divorce. However, the petition was dismissed when Cait O'Darling was unable to produce proof of a valid marriage, "either by documentary evidence or by personal knowledge."
Cait O'Darling's attorney, Laurie Phillips of Tulsa, said Tuesday the case could be appealed further to the state Supreme Court but that she wants to study the appellate court decision and talk to her client before deciding how to proceed.
A constitutional amendment adopted by Oklahoma voters in 2004 banned same-sex marriages. The Oklahoma Constitution also bars recognition of same-sex marriages performed in other states but does not bar recognition of same-sex marriages performed in other countries, the appellate court's decision states.
