Post-Election Frequently Asked Questions

Provided by the Oklahomans for Equality Allied Attorney Group

What is going to happen to marriage equality?

While we cannot know for certain how the legal landscape will change in this country moving forward, this Allied Attorney Group generally agrees that the most important recommendation is expediency. Meaning, if you are a member of the 2SLGBTQIA+ community who has contemplated marriage in the past, or is currently contemplating getting married, it may indeed be time for you to push forward with that process. To be clear, if you are at all inclined to be married or get married in Oklahoma, you should absolutely do that sooner, rather than later.

As it stands now, Marriage Equality is the law of the land.^[1] Wherever you are, wherever you live, you are legally allowed to marry the romantic partner of your choice, regardless of that partner’s gender or sexual orientation. There are no current legal roadblocks to same-sex marriage in Oklahoma. In Oklahoma and Tulsa Counties, it costs $50.00 to apply for a marriage license, but that fee may be reduced to $5.00 where the couple has completed pre-marital counseling. The prospective married couple then has thirty (30) days to perform a ‘marriage ceremony,’ sign the marriage certificate, and return it to the District Court Clerk.^[2]

Are there attempts to overturn this fundamental right?

Americans are certainly experiencing some brazen attempts to overturn marriage equality. In the State of Idaho, for example, legislators have introduced a “Joint Memorial,’ which asks the U.S. Supreme Court to overturn the decision in Obergefell v. Hodges, which was, of course, the Supreme Court decision that enshrined Marriage Equality as a right protected by the Constitution.^[3] 

Oklahoma’s Marriage Code still expressly refers to the right of one man and one woman to marry. In fact, 43 O.S. § 3.1 expressly states that, “[a] marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.”^[4] The Obergefell decision currently ensures the right to marry a person of the same sex. However, if the decision in Obergefell is overturned by the current Supreme Court then the Oklahoma Statutes that prohibit same-sex marriage will likely come back into existence and effect. And there is every indication that the Legislature is already making plans for this seismic shift in policy.^[5]

It is harder for the State to take your Marriage License away than it is to outright ban same-sex marriage moving forward.That is why our official recommendation is to get married as soon as possible.

Are there different rules for marriage under Tribal citizenship?

If you are a member of a Federally Recognized Tribe in Oklahoma, we would recommend contacting the Court Clerk’s Office of either (a) the Tribe exercising jurisdiction over the land on which you reside; or (b) the Tribe of which you are a member. The first publicly acknowledged same-sex marriage in Oklahoma actually occurred prior to Obergefell v. Hodges. Darren Black Bear and Jason Pickel were married on or around October 10, 2013, through the Cheyenne & Arapaho Tribes. At the time, the couple was able to apply for a marriage certificate because the Tribal Code did not differentiate between spouses based on gender or sex. The same can be said of many Tribes today. There are thirty-eight (38) Federally Recognized Tribes in Oklahoma. Most have their own laws and their own Tribal Courts. Of the thirty-eight (38) Oklahoma Tribes, many of them either expressly recognize same-sex marriage or use gender neutral language in their Marriage Codes. Some of the Tribes that issue same-sex marriage licenses are: Cherokee Nation, Choctaw Nation, Chickasaw Nation, Quapaw Nation, Cheyenne & Arapaho Tribes, Osage Nation, Absentee Shawnee Tribe of Indians of Oklahoma, Comanche Nation, Iowa Tribe of Oklahoma, Kickapoo Tribe of Oklahoma, Pawnee Nation, Sac & Fox Nation, etc. Keep in mind, each Tribe is a Sovereign Nation and can legislate most matters as they see fit, with some supervision from the U.S. Government. For that reason, Marriage Codes can, and will, differ from Tribe to Tribe. Some allow any Native American to Petition for Marriage, but some require the Petitioners to be members of that Tribe. You may want to speak with a Tribal Law or Federal Indian Law attorney before proceeding.

What is the process for receiving a name change in Oklahoma?  

In Oklahoma, changing one’s name is surprisingly straightforward, at least for adults, but the process does involve several steps. The Answer to this question is almost completely limited to the plain text of 12 O.S. §§ 1631-1637, the Oklahoma Statutes granting an individual the authority to change their name. The process is initiated by filing a Petition in the District Court where said person has been living for at least the past thirty (30) days. However, if the individual is a Minor Child, then the Petition must be filed by either a guardian or another responsible adult who is willing to represent the interests of the Minor Child in court.

Your Petition must be verified and signed, under oath, by the individual filing the Petition, or if that person is a Minor Child, by their Guardian or representative. In addition, the Petition must state: (a) Petitioner’s name and address; (b) county of residence; (c) Petitioner’s date and place of birth; (d) Petitioner’s birth certificate number; (e) the Petitioner’s desired name; (f) the reasons for the desired name change; and (g) a positive statement that the name change is not being sought for reason of illegal fraud, or to delay or hinder creditors. There are a number of other requirements as the case proceeds towards disposition. For instance, 12 O.S.  § 1633 requires one to notify residents of the County that the individual is seeking a name change. This Notice must be published in a newspaper at least ten (10) days prior to your hearing date. However, this Notice requirement may be waived by the Judge in rare instances, such as the risk of domestic and/or familial violence. This is especially important to remember for any Minor Children seeking a name-change without the express permission of their parents. If those parents have threatened violence against the Minor Child or have actually physically abused the Minor Child, then there is at least a justification to argue that the Notice requirement should be waived by the Court.

At the Hearing for Name Change, the Judge is statutorily required to grant the individual’s Petition “unless the court or judge finds that the change is sought for an illegal or fraudulent purpose, or that a material allegation in the petition is false.” 12 O.S. § 1634. Notably, where a Judge finds that the name change was procured for an illegal purpose, the Petitioner will be guilty of a misdemeanor crime.

It is important to remember that Judges may or may not be as familiar with the laws as you are. Most Judges in Oklahoma run for the bench, or are appointed to the bench, after practicing Criminal Law only. Meaning, it is not guaranteed that your Judge will understand the law you have presented them with. In an LGBTQ+ context, your Judge may fundamentally disagree with your right to change your name. It is important to understand that these Judges may indeed weaponize 12 O.S. § 1634 against the LGBTQ+ community, especially in a case involving a Minor Child. It would not take much for a Judge to rule, without evidence, that the Name Change is being sought for illegal purposes so that he may then charge the Guardian or representative with a crime.

For that reason, we recommend that you contact a Judge, in person, before you file a Petition for Name Change. It is important to understand that individual Judge’s interpretation of the phrases “fraudulent,” “illegal,” etc. If the Judge is conservative, we do not recommend filing a Petition in their Court. The risk is too high, especially for Minor Petitioners. We also recommend seeking the advice of an attorney before filing a Petition. The state of the laws in Oklahoma is in flux, to say the least. There is no telling what other statutes may be used against an LGBTQ+ individual in Name Change court. It is important to understand the general landscape of the laws before filing any Petition, let alone a Name Change Petition.

There have been historical instances of bias in certain parts of our state. Individuals are recommended to use caution in cases involving LGBTQ+ parties.  Please contact Oklahomans for Equality for more information or support if you have experienced bias or not familiar with a judge. To the extent possible, request a court reporter for every hearing.

What is the process for receiving a gender marker change in Oklahoma?

According to the ACLU of Oklahoma, there is no current legal avenue for gender marker changes in Oklahoma.^[6] In Oklahoma, birth records are housed within the State Registrar of Vital Statistics. In 2022, the Oklahoma statutes pertaining to birth records held by Vital Statistics were amended to expressly prohibit the inclusion of nonbinary designation, of any kind. Indeed, birth certificates in Oklahoma are limited to only ‘male’ or ‘female’ designations. See 63 O.S. 1-311-313. In 2023, Oklahoma Governor Kevin Stitt issued an Executive Order, which further prohibited any agency of the State of Oklahoma from issuing official documentation that refers to an individual by anything other than “biological sex, either male or female.”^[7] 

Unfortunately, the State of Oklahoma simply does not allow for gender marker changes. Whether you are engaging with the Department of Motor Vehicles or the Department of Health, one should not expect the option of gender marker changes because they have been outright banned.

What about getting your legal documents such as passport, drivers license and Oklahoma birth certificate changed?

In Oklahoma, we cannot currently recommend that you attempt to make any changes to your official legal documents, even if those changes would reflect the true identity of the person. There is a risk to any LGBTQ+ community member that this attempt will be interpreted by the State of Oklahoma as an attempt to create a fraudulent legal document. As was stated before, there is a statewide mandate, from Governor Stitt, to obstruct these attempts.

Logically, albeit inhumanely, any person found with an official legal document that does not reflect that person’s sex at the time of the person’s birth may risk being arrested for being in possession of a fraudulent legal document. Under Oklahoma law, it is a misdemeanor to create, display or present an identification document that bears altered, false, or fictitious information and it is a felony to do so for the purpose of misleading a peace officer, avoiding prosecution, or committing a felony in any commercial or financial transaction under 21 Okl. St. § 1550.41. Illegal Acts Relating to Identification Cards—Penalties. This would include using a driver’s license, birth certificate, or Federal I.D. with a name or gender that has not been legally recognized, as these could be construed to be fictitious  or fraudulent. Obviously, the main concern is that a police officer coming into contact with such a person would not have the adequate training or empathy to deal with the situation appropriately. As well, there is no guarantee, at all, that an Oklahoma Prosecutor won’t misuse their discretion and charge that individual with a crime, despite the context. There are various criminal statutes relating to Fraud that may be weaponized the LGBTQ+ community. To avoid this risk, we do not recommend attempting to change any of your Oklahoma-issued legal documents.

As we know, the Federal Government, under the direction of President Donald J. Trump, seems to be just as interested as Oklahoma in eliminating these gender marker options. On January 24, 2025, the U.S. State Department made an announcement that they would no longer process Passport applications with the gender marker ‘X.’ The same risks in Oklahoma pertain to the attempt to circumvent this federal mandate. For instance, obtaining a new passport or Federal I.D. with a name that has not been legally changed poses significant legal risks, including imprisonment. Under 18 USCS § 1542. False statement in application and use of passport, it is a federal offense to willfully and knowingly make any false statement in an application for a passport with the intent to induce or secure the issuance of a passport. This includes using a name that has not been legally changed, which can result in fines and imprisonment for up to 10 years for the first or second offense, 15 years for any other offense, 20 years if related to drug trafficking, and up to 25 years if the offense is related to terrorism.

Additionally, 18 USCS § 1544. Misuse of passport prohibits the use of a passport issued for another person or using a passport in violation of the conditions or restrictions therein. This means that using a passport with a name that has not been legally changed could also be considered a violation of this statute, leading to further legal consequences.

Thus, attempting to obtain, renew, or change a passport, driver’s license, birth certificate, or Federal I.D. with a name that has not been legally changed or where the gender does not reflect gender assigned at birth could potentially lead to severe legal penalties, including fines and imprisonment, under both federal and Oklahoma state laws. It is crucial to complete the legal name change process before applying for new identification documents to avoid these risks.

* The White House has now clarified that Trump’s Gender Order banning gender neutral markings will only affect new passports. Existing passports with nonbinary markers will remain in full force and effect, for now. It is advised that transgender people who have a valid, current U.S. passport should not try to renew it or attempt to change their gender marker on it at this time.

How long would it take to get a hearing on a name and gender marker change if I filed today?

The timeline for Name Change Hearings is an egregiously long one, especially considering the straightforward nature of the statute. As well, it is nearly impossible for any attorney to give you an accurate timeline of any case, whether gender is involved or not. In Oklahoma, in general, both criminal and civil cases will usually take years to dispose of. Name Change cases should be treated differently, and expeditiously, but aren’t. In Tulsa County, Oklahoma, the average lifespan of a Name Change case is four (4) to six (6) months. Other counties may vary based on Judges, Local Court Rules, etc.

Do I need an attorney for a name change? 

NO! In Oklahoma, you may file a Petition for Name Change pro se. Meaning, you may file your Petition without the help of an attorney. However, speaking with an attorney is always advised. Recognizing costs of legal expenses remain a significant barrier for the LGBTQ+ community, if you are seeking a name change and you cannot afford an attorney, you may file a Petition for Name Change on your own.

*Legal Aid Services of Oklahoma’s website contains a multitude of self-help information, forms, and the like. It is highly advised that you visit the Legal Aid Services of Oklahoma website prior to filing your Petition.^[8]

Should I get a new passport or Federal I.D. even though my name change isn’t complete?

Attempting to obtain, renew, or change a passport, driver’s license, birth certificate, or Federal I.D. with a name that has not been legally changed or where the gender does not reflect gender assigned at birth could potentially lead to severe legal penalties, including fines and imprisonment, under both federal and Oklahoma state laws.

Should I do estate planning and sort out things such as my will, trusts and power of attorney?

Yes. All U.S. Citizens, regardless of background, should be taking all necessary steps to solidify their Estate Plan documents. The world has swiftly become a completely unpredictable place. A good Estate Plan document will take back some semblance of certainty and control. For the LGBTQ+ community, it is vital that you have these documents and that the documents are enforceable. In the event Marriage Equality is overturned, LGBTQ+ couples may depend on said documents in various scenarios, including but not limited to: (1) traveling from one state to another, especially if the planned trip involves red states; (2) visiting your spouse in a medical facility; (3) potentially having to prove Common Law Marriage; (4) adopting children; etc.

How should I provide for my wishes related to medical care, end-of-life decisions, and hospital stays.

The Oklahoma advance directive allows you to name the person (and backups) to be your healthcare proxy, the person you want to be in charge of making medical decisions on your behalf if you lose capacity to do so yourself. You are able to also share wishes for acceptable and unacceptable medical care. If you do not have these documents, your next-of-kin, as directed by the state, would make decisions for you.  You are also recommended to include a list of people who are next-of-kin (including in-laws) you would NOT want to serve as your healthcare proxy. Include this with the healthcare power of attorney.

MyDirectives.com is a great resource to create a digital advance care plan (their term for living will) as it is more robust than the standard state advance directive forms. This could be completed in addition to and not instead of the Oklahoma Advance Directive.

You might also include information about your preferences related to the pronouns and name that should be used for you, how you want to be dressed and groomed in a hospital or assisted living facility and by a funeral home.

Here is some suggested language you might consider including:

• I direct my medical proxy to speak with hospital staff and ensure that [name] is used when referring to me in accordance with my nonbinary “gender.”
• I direct medical staff to continue with my regimen of hormone therapy as long as it does not seriously interfere with any other necessary medical care.
• I direct that medical staff should respect my identity as a transgender woman/or man by only using the pronouns she, her, and hers/or he, him, and his when referring to me and ensuring that, when gendered attire is available, I am dressed in women’s/or men’s clothing.

We also suggest that you create a hospital visitation list designating visitors you would or would not want. This is a sample of what I use that names 1 person, and could include a list of permitted visitors on the 2nd page.

How do you find the 2 witnesses and/or a notary for documents if you do them on your own? 

LGBTQ+ individuals know all too well what it is like to feel isolated from family, friends, and the rest of the State of Oklahoma. So, how would an isolated individual be able to satisfy various witness and notary requirements for Estate Planning documents?

To find a Notary, one need only search for a Notary Public through the Oklahoma Secretary of State’s website.^[9] The search tool will actually let you search by City or Zipcode, so there is no need to actually know the name of a Notary Public. That search will populate a list of every registered Notary Public in that location. The Notary’s full name and address are included within the search results. However, be careful when picking a Notary from this list. The American Association of Notaries (AAN) recommends asking an Oklahoma notary public specific questions before hiring them in order to ensure you are working with a “competent” Notary.^[10] Keep in mind that some, if not all, banks in Oklahoma will notarize your documents for free if you are a customer of that bank. As well, you can go to almost any Tag Agency in Oklahoma to get documents notarized, for a small fee.

If you need additional witnesses, you may consider asking friends, family members, or colleagues who meet the legal requirements for witnesses in Oklahoma. Again, Legal Aid Services of Oklahoma’s website contains various self-help instructions and pro se forms.^[11]

How can I find an affirming attorney?

CALL OKLAHOMANS FOR EQUALITY AT (918) 743-4297! This Allied Attorney Group was organized by OKEQ, which will be able to contact you with an affirming attorney, or even an LGBTQ+ attorney.

Unfortunately, it is sometimes difficult to find an affirming attorney in Oklahoma. Not because we don’t exist, but because there is no centralized entity or body dedicated to the collection of information of affirming attorneys. There is no Oklahoma Bar Affiliate of the National LGBTQ+ Bar and there are no Sections or Committees of the Oklahoma Bar Association devoted to LGBTQ+ practitioners, clients, or legal issues. For that reason, information about LGBTQ+ practitioners can sometimes feel like a well kept secret. Rest assured, there are plenty of competent, empathetic, and aggressive attorneys in Oklahoma that are affirming of the LGBTQ+ community.

All that to say, the National LGBTQ+ Bar Association does have an interactive map, in which some Family Law attorneys in Oklahoma are listed. However, this list appears to have not been updated in some time.

I can’t afford to hire an attorney, what resources are available to me?

Thankfully, there are various low cost or pro bono legal services in Oklahoma. First and foremost, call Legal Aid Services of Oklahoma (LASO) at 1-888-534-5243. LASO provides free legal representation in various contexts. However, the organization’s ability to take on a new case will depend a great deal on the organization’s current caseload, which is notoriously high. Meaning, it could take some time before you are contacted by an attorney or you may be denied services. In that instance, please refer to LASO’s website for self-help instructions and pro se forms.

If you are a member of a Federally Recognized Tribe, please call Oklahoma Indian Legal Services (OILS) at (405) 943-6457. OILS offers free legal representation to Tribal Members, but each applicant must qualify based on finances.

Should I get a new passport or Federal I.D. even though my name change isn’t complete?

Attempting to obtain, renew, or change a passport, driver’s license, birth certificate, or Federal I.D. with a name that has not been legally changed or where the gender does not reflect gender assigned at birth could potentially lead to severe legal penalties, including fines and imprisonment, under both federal and Oklahoma state laws.

Will my same sex partner and I still be able to adopt?  What should we do about pending adoptions?

Yes, same-sex partners can continue to adopt in Oklahoma. The Oklahoma Supreme Court has affirmed that same-sex couples are eligible to adopt under the Oklahoma Adoption Code, and there are no restrictions based on the gender of the person adopting the child  Guzman v. Guzman, 2021 OK 26.

For pending adoptions, it is important to ensure that all legal requirements and procedures are followed as outlined in the Oklahoma Adoption Code. This includes obtaining the necessary consents and ensuring that any relinquishments are executed in compliance with the law per 10 Okl. St.  § 7502-1.3. Governing Law. Additionally, any pending adoption should proceed through the courts in an orderly and expeditious manner to promote the best interests of the child per 10 Okl. St. § 7501-1.2. Act Construed.

If one partner is the biological parent and the other is not, but we are both listed on the birth certificate, is that sufficient, or do we need to formally do a second parent adoption?

In Oklahoma, if both same-sex partners are listed on a child's birth certificate, with one being the biological parent, this alone is not sufficient for legal parental rights for the non-biological parent. According to Oklahoma law, a parental relationship can be established either biologically or through adoption  Guzman v. Guzman, 2021 OK 26. Therefore, the non-biological parent would need to pursue a second parent adoption to secure legal parental rights.

Without this adoption, the non-biological parent does not have standing or statutory rights to custody of the child  Guzman v. Guzman, 2021 OK 26. That Parent will need to proceed with a Step-Parent Adoption.

Again, if you are a member of a Federally Recognized Tribe, it is recommended that you contact the Court Clerk’s Office of your Tribe, or the Tribe where you live, to request a copy of that Tribe’s Adoption Code. It may be easier and cheaper to file said Step-Parent Adoption, or any Adoption, in Tribal Court.

What protections or privacy am I entitled to in the workplace?  Can my employer fire me for being 2SLGBTQIA+?

In Oklahoma, 2SLGBTQIA+ individuals may be entitled to certain workplace protections and privacy rights. The Oklahoma Anti-Discrimination Act (OADA) prohibits employment discrimination based on “sex.” However, it has not been explicitly defined or clarified at the state level whether this term includes sexual orientation, gender identity, or both.

The U.S. Supreme Court's June 2020 decision in Bostock v. Clayton County expressly held that Title VII's prohibition on sex discrimination includes discrimination based on sexual orientation and gender identity, which provides a federal level of protection that applies in Oklahoma. The federal case law is the only workplace protection since no state-level provisions exist for workplace discrimination against 2SLGBTQIA+ people.

In January 2025, the U.S. Equal Employment Opportunity Commission (EEOC) rolled back guidance on enforcement of harassment and discrimination complaints for LGBTQ+ related claims.^[12] The implications for the policy shift are yet to be seen.

Regarding whether an employer in Oklahoma can fire a person for being 2SLGBTQIA+, the Oklahoma Anti-Discrimination Act defines "employer" according to Eapen v. McMillan, 2008 OK CIV APP 95:

a person who has fifteen or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, or a person who as a contractor or subcontractor is furnishing the material or performing work for the state or a governmental entity or agency of the state and includes an agent of such a person but does not include an Indian tribe or a bona fide membership club not organized for profit.

This means that private employers with fewer than fifteen employees and certain other entities may not be covered by the OADA's protections.

In summary, while the OADA's language on "sex" discrimination is not explicitly clear as to whether it is inclusive of sexual orientation or gender identity, federal protections under Title VII as interpreted by the Supreme Court in Bostock v. Clayton County do apply for certain employers. Employers with fewer than fifteen employees and specific excluded entities may not be subject to these protections under state law, but otherwise federal law still provides a level of protection against discrimination based on sexual orientation and gender identity.

I feel I have been discriminated against in the workplace because of my sexual orientation or gender identity. What should I do next?

In Oklahoma, if a person feels they have been discriminated against in the workplace because of sexual orientation or gender identity, they can file a written sworn complaint with the Attorney General’s Office of Civil Rights Enforcement. The complaint must be filed within 180 days after the alleged discriminatory practice occurs. The Attorney General will then investigate the allegations and determine if there is reasonable cause to believe that discrimination has occurred 25 Okl. St.  § 1502. Proceedings After Complaint. 

If the complaint is not resolved to the satisfaction of the charging party within 180 days, the Attorney General’s Office of Civil Rights Enforcement can issue a Notice of a Right to Sue, which allows the complainant to commence a civil action in the district court per 25 Okl. St. § 1350. Creation of Cause of Action—Common Law Remedy Abolished—Standing—Requirements for Notice of Right to Sue—Jury Trial—Defenses—Remedies.

In Oklahoma, discrimination complaints based on sexual orientation or gender identity both must be addressed under a framework of gender-based discrimination. A complainant needs to demonstrate that they were subjected to harassment or discrimination because of their gender, and that the behavior was sufficiently severe or pervasive to alter the conditions of their employment and create an abusive working environment. It may be difficult to find the court sympathetic to such a claim. If these elements are deemed to be met, the court can provide various remedies, including injunctive relief, reinstatement, back pay, and liquidated damages  MacDonald v. Corporate Integris Health, 2014 OK 10. 

Additionally, the Attorney General has the authority to seek temporary injunctive relief in district court if there is reason to believe that a respondent has engaged in unlawful discriminatory practices per 25 Okl. St.  § 1502.1. Temporary Injunctive Relief and Restraining Order. Thus, theoretically a complainant in Oklahoma has an avenue for seeking redress for workplace discrimination based on sexual orientation or gender identity.

What are my rights related to housing, employment, education, healthcare, or access to other services as a 2SLGBTQIA+ individual?  

In Oklahoma, statutes and case law do not explicitly outline legal protections for 2SLGBTQIA+ individuals in domains such as housing, employment, education, healthcare, and access to other services.

In employment, the Oklahoma Anti-Discrimination Act aims to implement policies in line with federal statutes like Title VII, which prohibits employment discrimination based on race, color, religion, sex, and national origin. Sexual orientation and gender identity are not mentioned in the Oklahoma Anti-Discrimination Act.

In the context of housing, the Oklahoma statutes prohibit discrimination based on race, color, religion, gender, national origin, age, familial status, or disability § 1452. Unlawful Discriminatory Housing Practices. The Attorney General’s Office of Civil Rights Enforcement has the authority to investigate and address discriminatory housing practices

In these particular areas, it would be wise to consult with a lawyer regarding the specifics of any potential case related to housing, employment, education, healthcare, and access to other services.

The City of Tulsa also has an opportunity to file a Human Rights complaint. City of Tulsa 

Specifically, in terms of housing, what are my rights as a 2SLGBTAQIA+ tenant?

In Oklahoma, there are no explicit housing protections for anyone who is 2SLGBTQI. The state code statute relevant to housing discrimination is 25 Okl. St. § 1452, which outlaws discrimination based on: “race, color, religion, gender, national origin, age, familial status, or disability.” The statute ends in section (C)  with the statement that, “No other categories or classes of persons are protected pursuant to Sections 1451 through 1453 of this title.” This language seems to exclude any housing protections based on sexual orientation.

In the Oklahoma state statutes, "gender" is not explicitly defined. The statutes do not provide a separate definition for "gender" as opposed to “sex” nor do they explicitly distinguish between "sex" and "gender." However, "sex" is defined restrictively in 25 Okl. St. § 16 “a natural person’s biological sex at birth,” whether “male” or “female.”

Oklahoma even decided it was necessary to define biological sex by a person’s present, past, future, or hypothetical utilization of specific fertilization methods. According to 25 Okl. St. § 16,

““Female” means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.”

 ““Male” means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.”

This language–which ties sex to how a person hypothetically “would have” been involved in fertilization “but for a developmental or genetic anomaly or historical accident,” acknowledges that sexual difference can arise yet refuses that possibility under its ordering. Intersex people and transgender people are thus limited in bringing housing discrimination claims.  

What can I do if my Landlord has threatened to evict me and I suspect it is because I am 2SLGBTQIA+?

It might be helpful to think of the eviction threat in terms of the grounds for eviction possible in Oklahoma. In Oklahoma, the grounds for eviction include: 1) Material noncompliance. This often relates to a written warning from a landlord which a tenant usually has a chance to cure. 2) Criminal activity 3) Nonpayment of rent 4) Violation of lease terms 5) Other grounds (could include the landlord needing to remodel the property, but such remodel is not suitable while building is occupied. Irion v. Griffin, 1946 OK 194, 7, 197 Okla. 279, 279, 170 P.2d 226, 228)

If facing a threat from a landlord and it does not clearly fall into one of the above categories, it is worth asking for a written explanation of the landlord’s concern and speaking to a housing attorney if possible. It is important to be aware of your rights so that your landlord does not unlawfully accelerate eviction or evict based on unlawful grounds.

Under 41 Okl. St. § 131 Delinquent Rent, a landlord must give a tenant a written notice of five (5) days to pay overdue rent before terminating the rental agreement for nonpayment of rent. This notice serves as a demand for payment and possession of the premises, and no further notice to quit possession is required. Depending on your relationship with your landlord, you may be able to negotiate a stay of the eviction on your own.

While there are no protections for 2SLGBTQIA+ people in terms of housing discrimination in Oklahoma, you may be able to file a complaint with the Attorney General if there is discrimination based on another reason that includes: “race, color, religion, gender, national origin, age, familial status, or disability.” Tenants may also pursue a civil action in district court to address and seek relief from discriminatory housing practices in Oklahoma on another ground. However, these processes are cost-intensive and resource-intensive and do not address any immediate concerns regarding eviction based on discrimination as a person who is 2SLGBTQIA+.

What services are available for 2SLGBTQIA+ individuals who have been evicted from their homes, but have nowhere else to go?

In Oklahoma City, the WestTown Homeless Resource Campus may be able to help with their day shelter and winter shelter.

The Oklahoma City Rescue Mission has a shelter but is a faith-based space that may not be inclusive as it conditions receiving services on behavior changes that align with their definition of Christianity.

In Tulsa, the Tulsa Day Center and Family Promise of Oklahoma, Tulsa county (and Lawton county) may be able to provide shelter.

Note: Family Promise of Oklahoma, Tulsa county, has an intervention program to assist families on the brink of homelessness. (918) 392-4959. Upward Transitions in Oklahoma City also has an intervention program. You must have been given a five-day notice to quit from your landlord. (405) 232-5507

What if I have kids?

There are no special stays of eviction for families with children or for young adults between 18-21 years of age.

If you are facing homelessness and need help keeping your kids in school, Positive Tomorrows in Oklahoma City has created an environment where kids facing homelessness are supported in their education to better empower parents to leave the cycle of homelessness.  

If you are a youth at risk of becoming homeless:

In Oklahoma City, Sisu Youth Services offers an overnight shelter open 7 nights a week for youth, ages 15-22. Their drop-in center is open daily for youth, ages 15-24. This is a space that welcomes youth “no matter their gender identity, sexual orientation, cultural background, or religious affiliation.”

In Tulsa The Black Queer Tulsa Drop-In House offers low-barrier and affirming supportive services for young people who are homeless or at risk of becoming unhoused in Tulsa County. As part of its Housing First approach, The BQT Drop-In House creates connections to Tulsa’s Continuum of Care (CoC) housing services, provides youth-centered case management as well as access to basic necessities, for anyone aged 16-24, in Tulsa County.

These organizations might be able to connect you to other resources or community partners if they are unable to help.

Will my private or marketplace insurance continue to cover my same-sex spouse?

Yes, private or marketplace health insurance plans in Oklahoma continue to cover same-sex spouses. According to Oklahoma statutes, insurers and health benefit plans must comply with all applicable laws, including those related to coverage decisions and mandated benefits  § 4414. Health Care Choice Act.

This includes compliance with federal laws such as the Patient Protection and Affordable Care Act, which prohibits discrimination based on sexual orientation. Therefore, same-sex spouses are entitled to the same health insurance coverage as opposite-sex spouses under these plans.

Can a minor receive gender affirming care in Oklahoma?

According to 63 Okl. St. § 2607.1, "gender transition procedures" for minors, which include surgical procedures, puberty-blocking drugs, and cross-sex hormones, are restricted. These procedures are not covered under SoonerCare and are similarly restricted for minors with private insurance per 63 Okl. St. § 2607.1. Prohibition Against Providing Gender Transition Procedures to Children.

The statute allows for certain exceptions. These are listed in full:

Gender transition procedures do not include:

(1) behavioral health care services or mental health counseling,

(2) medications to treat depression and anxiety,

(3) medications prescribed, dispensed, or administered specifically for the purpose of treating precocious puberty or delayed puberty in that patient,

(4) services provided to individuals born with ambiguous genitalia, incomplete genitalia, or both male and female anatomy, or biochemically verifiable disorder of sex development (DSD), including but not limited to:

(a) 46,xx dsd,

(b) 46,xy dsd,

(c) sex chromosomes DSDs,

(d) XX or XY sex reversal, and

(e) ovotesticular disorder,

(5) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law,

(6) the treatment of any physical injury or illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of a major bodily function unless such treatment is performed, or

(7) the provision of puberty-blocking drugs or cross- sex hormones to a minor currently receiving such drugs or hormones as of the effective date of this act for a period of not more than six (6) months solely for the purpose of assisting the minor with gradually decreasing and discontinuing use of the drugs or hormones.

 § 2607.1. Prohibition Against Providing Gender Transition Procedures to Children.

Can an adult receive gender affirming care in Oklahoma?

In Oklahoma, gender-affirming care for adults is legally available, provided that the healthcare provider holds a valid and unrevoked license or certificate issued under the laws of Oklahoma. This is in accordance with 59 Okl. St. § 731.3. License or Certificate, which mandates that any person engaging in the diagnosis or treatment of any human condition must be properly licensed and practice within the limitations set by state laws 59 Okl. St. § 731.3. License or Certificate.

The statute does not explicitly restrict gender-affirming care for adults but emphasizes that only licensed practitioners can offer such medical services. Therefore, as long as the healthcare provider is appropriately licensed, they can legally provide gender-affirming care to adults in Oklahoma  59 Okl. St. § 731.3. License or Certificate.

Will I need a medical/diagnosis letter from a physical or mental health provider in order to receive gender affirming care?

In Oklahoma, adults do not need a medical diagnosis or letter from a physical or mental health provider to receive gender-affirming care.

However, for minors, the situation is different. According to 63 Okl. St. § 2607.1, gender transition procedures for minors, which include surgical procedures and the administration of puberty-blocking drugs or cross-sex hormones, are regulated and do not include behavioral health care services or mental health counseling  § 2607.1. Prohibition Against Providing Gender Transition Procedures to Children. Additionally, 59 Okl. St. § 509 explicitly prohibits providing gender transition procedures to minors  § 509. Unprofessional Conduct—Definition. Therefore, while adults can access gender-affirming care without a medical diagnosis or letter, minors are restricted from receiving such care under current Oklahoma statutes.

Where can I find an affirming provider in Oklahoma or out of State?

The best resource we know is: The OutList LGBTQ+ Affirming Provider Directory & Resources

What is the process for accessing gender-affirming healthcare if I travel out-of-state?

Given the complexity and variability of health insurance policies, it is advisable to consult directly with your insurance provider to obtain detailed information about coverage for gender-affirming care, including puberty blockers or HRT, when received out-of-state. This will ensure that youth and their families have a clear understanding of the potential for reimbursement and any necessary steps to secure coverage.

Also, you may reference https://lgbtqhealthcaredirectory.org/.

Are drag performances illegal in Oklahoma?

The Oklahoma Legislature has recently passed legislation that could be used to categorize public drag performances as obscene and/or illegal, likening the artform to "adult cabaret."

On March 25, 2025, the Oklahoma House of Representatives passed, by an overwhelming majority of Representatives, HB 1217, which was authored and/or sponsored by Rep. Kevin West (R), Rep. Cody Maynard (R), and Sen. David Bullard (R). On May 2, the Oklahoma Senate voted to pass the Bill and now the Governor has signed it. Because it was passed with an emergency clause, it will go into effect immediately.  

The bill was intended to redefine Drag as "obscene." Specifically, the author’s of HB 1217 understood it to equate Drag to "any representation, performance, depiction or description of sexual conduct, whether in any form or on any medium" if the performance contains the following elements: (a) patently offensive depictions or descriptions of sexual conduct; (b) a dominant theme of appealing to prurient interest in sex; and (c) a reasonable person would find the performance lacks serious literary, artistic, educations, political, or scientific purposes of value.  Beyond redefining Drag as "obscene," HB 1217 could criminalize Drag where it is performed in a public place and where the performance would "expose" a minor to "obscenity." Any violation of HB 1217, if/when it is passed, will be considered a Misdemeanor in Oklahoma, carrying up to one (1) year in jail and up to $1,000.00 in fines.

While there is some protection for drag that is performed in non-public places where an admission fee is being charged, we recommend that any community members participating in drag consult with an attorney about your rights and vulnerabilities and have an action plan in place for your own defense.  The law will likely eventually be tested as to its meaning and constitutionality, but everyone should determine their own risks and understand the repercussions of being charged.